Volume 438 — United States Reports

Houchins v. KQED, Inc., 438 U.S. 1 (1978), was a 1978 United States Supreme Court case in which the Court refused to recognize a "right of access", under the First Amendment, to interview particular prisoners.

A sentencing judge, in fixing the sentence of a defendant within statutory limits, may consider the defendant's false testimony observed by the judge during the trial. Pp. 45-55. (a) A defenda t's truthfulness or mendacity while testifying on his own behalf is probative of his attitudes toward society and prospects for rehabilitation, and is thus a relevant factor in the sentencing process. Pp. 50-51.

Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59 (1978), was a case in which the United States Supreme Court overturned the United States District Court for the Western District of North Carolina's decision that the Price Anderson Act violated equal protection by treating victims of nuclear accidents differently from the victims of other industrial accidents.

Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978), is a landmark United States Supreme Court decision on compensation for regulatory takings. Penn Central sued the government of New York City after the New York City Landmark Preservation Commission denied its bid to build a large office building on top of Grand Central Terminal. The Supreme Court ruled in the city's favor.

Franks v. Delaware, 438 U.S. 154 (1978), is a United States Supreme Court case dealing with defendants' rights to challenge evidence collected on the basis of a warrant granted on the basis of a false statement. The court held that where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.

Held: a three-judge District Court was convened.

Held: however: “ [T]here is no adjudication by reason of the master’s findings and recommendations. The proceedings before the master and his findings and recommendations are simply the first phase of the hearing which continues with the consideration by the juvenile judge.

Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978), was a United States Supreme Court case in which the Court held Minnesota's retroactive alteration of a private pension agreement violated the Contract Clause.

Regents of the University of California v. Bakke, 438 U.S. 265 (1978), was a landmark decision by the Supreme Court of the United States that involved a dispute over whether preferential treatment for minorities could reduce educational opportunities for whites without violating the Constitution. It upheld affirmative action, allowing race to be one of several factors in college admission policy. However, the court ruled that specific racial quotas, such as the 16 out of 100 seats set aside for minority students by the University of California, Davis, School of Medicine, were impermissible. Although in Brown v.

Several major gypsum board manufacturers and various of their officials were indicted for violations of § 1 of the Sherman Act by allegedly engaging in a price-fixing conspiracy. One of the types of actions allegedly taken in formulating and effectuating the conspiracy was interseller price verification, i. e., the practice of telephoning a competing manufacturer to determine the price being currently offered on gypsum board to a specific customer.

Butz v. Economou, 438 U.S. 478 (1978), was a United States Supreme Court case decided in 1978 regarding the degree of legal immunity afforded to federal government officials when they are sued on constitutional grounds. The court held that such officials were entitled only to qualified immunity, except for those duties for which absolute immunity could be shown to be essential. The majority also acknowledged that "there are some officials whose special functions require a full exemption from liability", including administrative law judges and other agency officials.

Respondents, licensed physicians practicing in Rhode Island and their patients, brought a class action against petitioners, four insurance companies writing medical malpractice insurance in the State, alleging a conspiracy in violation of the Sherman Act in which three of the four companies refused to deal on any terms with the policyholders of the fourth as a means of compelling them to submit to new ground rules set by the fourth, whereby coverage on an "occurrence" basis…

Petitioner corporation specializes in relining blast furnaces with "firebrick." It maintains no permanent force of bricklayers but delegates to the… Held: inter alia, that respondents had not proved a case of discrimination under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668, and that petitioner's hiring practices were justified as a "business necessity" in that they were required for the safe and efficient operation of petitioner's business.

Lockett v. Ohio, 438 U.S. 586 (1978), is a United States Supreme Court case in which the Court held that sentencing authorities must have the discretion to consider at least some mitigating factors, rather than being limited to a specific list of factors.

Petitioner, whose conviction of aggravated murder with a specification that it occurred during a kidnaping and death sentence were affirmed by the Ohio Supreme Court, contends that the Ohio… Held: The judgment is reversed insofar as it upholds the death penalty, and the case is remanded. Pp. 642-643; 624-628; 643; 643-644. 48 Ohio St.2d 270, 358 N.E.2d 556, reversed in part and remanded. Mr. Chief Justice BURGER, joined by Mr. Justice STEWART, Mr. Justice POWELL, and Mr.

The United States Bureau of Reclamation applied to the California State Water Resources Control Board for a permit to appropriate water that would be impounded by the New Melones Dam, a unit of the California Central Valley Project. Congress specifically directed that the Dam be constructed and operated pursuant to the Reclamation Act of 1902, which established a program for federal construction and operation of reclamation projects to irrigate arid western land.

The United States, in setting aside the Gila National Forest from other public lands, held to have reserved the use of water out of the Rio Mimbres only where necessary to preserve the timber in the forest or to secure favorable water flows, and hence not to have a reserved right for aesthetic, recreational, wildlife-preservation, and stockwatering purposes.

Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978), is a landmark decision of the United States Supreme Court that upheld the ability of the Federal Communications Commission (FCC) to regulate indecent content sent over the broadcast airwaves.

Held: in contempt if it should fail to comply with the mandatory injunction. 1 Consequently, we grant the petition for certio-rari limited to Question 2 presented by petitioners, 2 reverse the judgment in part, and remand the case to the Court of Appeals with instructions to order the dismissal of the State of Alabama and the Alabama Board of Corrections from this action. So ordered.