Volume 482 — United States Reports

This is a list of all United States Supreme Court cases from volume 482 of the United States Reports:

This case involves interpretation of the ruling in NLRB v. Burns International Security Services, Inc., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 that the new employer, succeeding to another's… Held: A "successor" employer's obligation to bargain is not limited to the situation (as in Burns ) where the union in question only recently was certified before the transition in employers.

Title 28 U.S.C. § 1295(a)(2) gives the United States Court of Appeals for the Federal Circuit exclusive appellate jurisdiction over a variety of cases involving the Federal Government in which the… Held: The Federal Circuit rather than the appropriate regional court of appeals has jurisdiction over an appeal from a district court's decision of a "mixed" case raising both a nontax Little Tucker Act claim and an FTCA claim. Pp. 68-76.

Turner v. Safley, 482 U.S. 78 (1987), was a U.S. Supreme Court decision involving the constitutionality of two Missouri prison regulations. One of the prisoners' claims related to the fundamental right to marry, and the other related to freedom of speech (in sending/receiving letters). The court held that a regulation preventing inmates from marrying without permission violated their constitutional right to marry because it was not logically related to a legitimate penological concern, but a prohibition on inmate-to-inmate correspondence was justified by prison security needs. The case has been cited as precedent, establishing the "Turner Test" for constitutional challenges to prison regulations.

The 1949 Pecos River Compact between New Mexico and Texas divides the water of the Pecos River between the States, but, because of the river's irregular flow, does not… Held: Both parties' exceptions with respect to the Master's calculation of the shortfall that is chargeable to New Mexico are rejected. P. 128. 2. There is no merit to New Mexico's contention that this Court may order only prospective relief and may not provide a remedy for past breaches of the Compact.

The Social Security Act (Act) defines "disability" as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or… Held: The severity regulation is valid on its face under the language of the Act and the legislative history. Pp. 142-152. (a) The severity regulation is not inconsistent with § 423(d)(1)(A), which defines "disability" in terms of the effect an impairment has on a person's ability to function in the workplace.

Under financial instruments commonly known as "Ginnie Maes," the issuing private financial institution has the primary obligation of making timely principal and interest payments. Held: Ginnie Maes are not exempt from state taxation under § 3701. The statutory phrase "other obligations of the United States" refers only to obligations or securities of the same type as those specifically enumerated.

After the Federal Government, in 1976, issued oil and gas leases for lands underlying Utah Lake, a navigable body of water located in Utah, the State brought suit in Federal District Court for… Held: Title to Utah Lake's bed passed to Utah under the equal footing doctrine upon Utah's admission to the Union. Pp. 200-209.

Shearson/American Express Inc. v. McMahon, 482 U.S. 220 (1987), is a United States Supreme Court decision concerning arbitration of private securities fraud claims arising under the Securities Exchange Act of 1934. By a 5–4 margin the Court held that its holding in a 1953 case, Wilko v. Swan, that the nonwaiver provisions of the Securities Act of 1933 prevented the mandatory arbitration of such claims, did not apply to claims under the 1934 Act due to differences in the corresponding language of the two statutes, reversing a decision of the Second Circuit Court of Appeals that had affirmed what had been considered settled law, despite the lack of a precedent.

In October 1982, petitioner Interstate Commerce Commission (ICC or Commission) issued an order, which, inter alia, granted petitioner… Held: Although respondent unions' petitions for Court of Appeals review of the ICC's October 25, 1983, order were timely filed, they should have been dismissed since the order itself, whereby the Commission refused to reconsider its May 18, 1983, order refusing to clarify its prior approval order, is unreviewable. Pp. 277-284.

First English Evangelical Lutheran Church v. Los Angeles County, 482 U.S. 304 (1987), was a 6–3 decision of the United States Supreme Court. The court held that the complete destruction of the value of property constituted a "taking" under the Fifth Amendment even if that taking was temporary and the property was later restored.

O'Lone v. Estate of Shabazz, 482 U.S. 342 (1987), was a U.S. Supreme Court decision involving the constitutionality of prison regulations. The court ruled that the prison regulations were not a violation of the Free Exercise Clause of the First Amendment of the U.S. Constitution to deprive an inmate of attending a religious service for "legitimate penological interests."

Held: however, that the Nebraska statute did create an “expectation of parole” protected by the Due Process Clause. 442 U. S., at 11 . To decide whether the Montana statute also gives rise to a constitutionally protected liberty interest, we scrutinize it under the standards set forth in Greenholtz .

Caterpillar Tractor Co. (Caterpillar) hired respondents to work at its San Leandro, California, facility in positions covered by its collective-bargaining agreement with a union. Held: Respondents' state-law complaint for breach of the individual employment contracts is not removable to Federal District Court. Pp. 391-399.

The Extradition Act, which implements the Extradition Clause of Article IV, requires an asylum State to give up to a demanding State a fugitive against whom a properly certified indictment has been… Held: The Extradition Act prohibits the California Supreme Court from refusing to permit extradition.

Florida's sentencing guidelines law assigns points for particular offenses and other factors and provides a presumptive sentence range for a defendant's composite… Held: Application of the revised guidelines law to petitioner, whose crimes occurred before the law's effective date, violates the Ex Post Facto Clause of Article I of the Federal Constitution. The revised law evidences all of the elements necessary to bring it within the ex post facto prohibition. Pp. 429-435.

petitioners prevailed as the defendants in an antitrust action filed by respondent, and the Federal District Court awarded, as part of petitioners' costs, an amount for expert witness fees in excess… Held: When a prevailing party seeks reimbursement for fees paid to its expert witnesses, a federal court is bound by the limits of § 1821(b), absent contract or explicit statutory authority to the contrary.

Upon shouting at police in an attempt to divert their attention from his friend during a confrontation, appellee was arrested for "wilfully . . . interrupt[ing] a city policeman . . . by verbal… Held: A municipal ordinance that makes it unlawful to interrupt a police officer in the performance of his duty is substantially overbroad and therefore invalid on its face under the First Amendment.

Appellee brought suit in California Superior Court against his former employer and appellants, two of its employees, alleging breach of… Held: Under the Supremacy Clause, § 2 of the Federal Arbitration Act pre-empts § 229 of the California Labor Code. In enacting § 2, Congress declared a national policy favoring arbitration and withdrew the States' power to require a judicial forum for the resolution of claims that contracting parties agreed to resolve by arbitration.

Having found petitioner guilty of two counts of first-degree murder and related crimes, the jury sentenced him to death after considering a presentence report prepared by the State of Maryland. Held: The introduction of a VIS at the sentencing phase of a capital murder trial violates the Eighth Amendment, and therefore the Maryland statute is invalid to the extent it requires consideration of this information.

The United States, France, and 15 other countries have acceded to the Hague Evidence Convention, which prescribes procedures by which a judicial authority in one contracting state may request… Held: The Convention does not provide exclusive or mandatory procedures for obtaining documents and information located in a foreign signatory's territory.

Board of Airport Commissioners of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987), was a case in which the United States Supreme Court held that an ordinance prohibiting all "First Amendment activities" in the Los Angeles International Airport was facially unconstitutional due to its overbreadth.

Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. The constitutionality of the law was successfully challenged in District Court, Aguillard v. Treen, 634 F. Supp. 426 (ED La.1985), and the United States Court of Appeals for the Fifth Circuit affirmed, Aguillard v. Edwards, 765 F.2d 1251 (CA5 1985). The United States Supreme Court ruled that this law violated the Establishment Clause of the First Amendment because the law was specifically intended to advance a particular religion.

Petitioner, an attorney who maintained both his residence and his law office in Mississippi and who was a member of the Mississippi and… Held: The District Court was not empowered to adopt Rules requiring members of the Louisiana Bar who apply for admission to its bar to live, or maintain an office, in Louisiana. Pp. 645-651. (a) A district court has discretion to adopt local rules that are necessary to carry out its business, including rules governing admission to its bar.

(hereinafter petitioners), including individual employees of Lukens Steel Co. (Lukens), brought suit in Federal District Court against Lukens and the employees' collective-bargaining agents (Unions),… Held: The Court of Appeals was correct in selecting the Pennsylvania 2-year limitations period governing personal injury actions as the most analogous state statute of limitations to govern all § 1981 suits.

Respondent junkyard owner's business consists, in part, of dismantling automobiles and selling their parts. Held: A business owner's expectation of privacy in commercial property is attenuated with respect to commercial property employed in a "closely regulated" industry.

Kentucky v. Stincer, 482 U.S. 730 (1987), was a United States Supreme Court case in which the Court held that the respondent's rights under the Confrontation Clause of the Sixth Amendment were not violated by his exclusion from the competency hearing.

Held: and Helms argues here, that the statement of law in Helms I that Helms’ disciplinary proceeding was unconstitutional is a “vindication of . . . rights,” Brief for Respondent 19, that is at least the equivalent of declaratory relief, just as a monetary settlement is the informal equivalent of relief by way of damages. To suggest such an equivalency is to lose sight of the nature of the judicial process.