Limitation of Appellate Jurisdiction of the United States Supreme Court, Parte 1U.S. Government Printing Office, 1957 - 333 páginas |
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Página 12
... Schware v . Board of Examiners , decided today , I think that in doing what it does here the Court steps outside its proper role as the final arbiter of such limitations , and acts instead as if it were a super State court of appeals ...
... Schware v . Board of Examiners , decided today , I think that in doing what it does here the Court steps outside its proper role as the final arbiter of such limitations , and acts instead as if it were a super State court of appeals ...
Página 16
... Schware v . Board of Bar Examiners of New Mexico . - The Court reversed the decisions of the New Mexico Board of Bar Examiners and of the New Mexico Supreme Court which had said : " We believe one who has knowingly given his loyalties ...
... Schware v . Board of Bar Examiners of New Mexico . - The Court reversed the decisions of the New Mexico Board of Bar Examiners and of the New Mexico Supreme Court which had said : " We believe one who has knowingly given his loyalties ...
Página 23
... matter , which each State must be permitted to decide for itself . Yet the Supreme Court of the United States , in the recent Schware and 24 LIMITATION OF APPELLATE JURISDICTION Konigsberg cases , affecting applicants.
... matter , which each State must be permitted to decide for itself . Yet the Supreme Court of the United States , in the recent Schware and 24 LIMITATION OF APPELLATE JURISDICTION Konigsberg cases , affecting applicants.
Página 24
... Schware , Konigsberg , Nelson , Slochower , and Cole cases . The CHAIRMAN . That will be so ordered . ( The opinions mentioned above are printed as a separate appendix to this hearing . ) Now , what Supreme Court decisions have caused ...
... Schware , Konigsberg , Nelson , Slochower , and Cole cases . The CHAIRMAN . That will be so ordered . ( The opinions mentioned above are printed as a separate appendix to this hearing . ) Now , what Supreme Court decisions have caused ...
Página 35
... Schware v . Board of Bar Examiners , New Mexico . Konigsberg v . State Bar of California et al . Commonwealth of Pennsylvania v . Nelson-- Slochower v . Board of Higher Education of New York City - Cole v . Young et al .. Page 35 66 120 ...
... Schware v . Board of Bar Examiners , New Mexico . Konigsberg v . State Bar of California et al . Commonwealth of Pennsylvania v . Nelson-- Slochower v . Board of Higher Education of New York City - Cole v . Young et al .. Page 35 66 120 ...
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Palavras e frases frequentes
2d Sess action advocate APPELLATE JURISDICTION applicant asked associations Attorney authority Bar Examiners Bar of California believe California Chairman Communist Party conduct Cong Congress congressional constitutional contempt Court of Appeals criminal Daily Worker decision defense denied Department determination discharge dismissal due process Due Process Clause employee employment evidence Executive Order Executive Order 9835 fact federal Fifth Amendment Fourteenth Amendment Hampshire hearing House inquiry interest Internal Security Internal Security Act investigation Jencks judgment JUSTICE Konigsberg legislative legislature LIMITATION OF APPELLATE Loyalty Review Board matter Matusow McCarran Rider membership ment mittee moral character national security officer opinion organization overthrow person pertinent peti petitioner petitioner's political position privilege procedures Progressive Party prosecution protection question record refusal to answer Regulations relevant reports Schware Secretary sedition Service Slochower Smith Act Stat statute Subcommittee subversive activities supra Supreme Court testified testimony tion trial Un-American Activities United violation Watkins witness
Passagens conhecidas
Página 86 - Activities. (2) The Committee on Un-American Activities, as a whole or by subcommittee, is authorized to make from time to time investigations of (i) the extent, character, and objects of un-American propaganda activities in the United States, (ii) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (iii) all other...
Página 271 - Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute.
Página 17 - A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information — which not infrequently is true — recourse must be had to others who do possess it. Experience has taught that mere requests for such information...
Página 265 - This Court, in considering the validity of state laws in the light of treaties or federal laws touching the same subject, has made use of the following expressions: conflicting; contrary to; occupying the field ; repugnance ; difference ; irreconcilability ; inconsistency ; violation; curtailment; and interference. But none of these expressions provides an infallible constitutional test or an exclusive constitutional yardstick. In the final analysis, there can be no one crystal clear distinctly marked...
Página 180 - We need not pause to consider whether an abstract right to public employment exists. It is sufficient to say that constitutional protection does extend to the public servant whose exclusion pursuant to a statute is patently arbitrary or discriminatory.
Página 57 - We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public interest in protecting the flow of information against the individual's right to prepare his defense.
Página 332 - THEREFORE, under and by virtue of the authority vested in me by the Constitution and statutes of the United States...
Página 282 - That nothing in this section shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof...
Página 296 - A teacher works in a sensitive area in a schoolroom. There he shapes the attitude of young minds towards the society in which they live. In this, the state has a vital concern. It must preserve the integrity of the schools. That the school authorities have the right and the duty to screen the officials, teachers, and employees as to their fitness to maintain the integrity of Cite as 174 F.Supp. 351 the schools as a part of ordered society, cannot be doubted.
Página 173 - It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is an atmosphere in which there prevail "the four essential freedoms" of a university — to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.