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Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | of [counsel’s] questions”—had prompted him to raise the issue. App. 136. Counsel’s stated reasons for challenging Gomez, the judge reported, convinced him that that “there had been a purposeful discrimination against Mrs. Gomez because of her gender.” The case then returned to the Illinois Supreme Court. Although that ... |
Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | process of law. We granted certiorari, 554 U. S. (2008), to resolve an apparent conflict among state high courts over whether the erroneous denial of a peremptory challenge requires automatic reversal of a defendant’s conviction as a matter 6 of federal law. Compare 1 (applying automatic reversal rule); State v. Vreen,... |
Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | is no freestanding constitutional right to peremptory challenges. See, e.g., 528 U.S., at We have character ized peremptory challenges as “a creature of statute,” v. Oklahoma, and have made clear that a State may decline to offer them at all. 505 U.S., at See also Holland v. Illinois, 493 U.S. 474, 482 (1990) (dismissi... |
Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | the constitutional guaran tee of trial by an impartial jury.” 528 U.S., Hav ing “received precisely what federal law provided,” and having been tried “by a jury on which no biased juror sat,” could not “tenably assert any violation of his right to due process.” Rivera’s efforts to distinguish and Martinez Cite as: 556 ... |
Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | a tradeoff. Rivera insists that, even without a constitutional viola tion, the deprivation of a state-provided peremptory chal lenge requires reversal as a matter of federal law. We disagree. Rivera relies in part on Swain, which suggested that “[t]he denial or impairment of the right [to exercise peremptory challenges... |
Justice White | 1,984 | 6 | concurring | United States v. Jacobsen | https://www.courtlistener.com/opinion/111143/united-states-v-jacobsen/ | It is relatively easy for me to concur in the judgment in this case, since in my view the case should be judged on the basis of the Magistrate's finding that, when the first DEA agent arrived, the "tube was in plain view in the box and the bags with the white powder were visible from the end of the tube." App. to Pet. ... |
Justice White | 1,984 | 6 | concurring | United States v. Jacobsen | https://www.courtlistener.com/opinion/111143/united-states-v-jacobsen/ | the bags' contents "infringed no legitimate expectation of privacy and hence was not a `search' within the meaning of the Fourth Amendment" because these actions "enabled the agent to learn nothing that had not previously been learned during the private search." Ante, at 120 (footnote omitted). I disagree with the Cour... |
Justice White | 1,984 | 6 | concurring | United States v. Jacobsen | https://www.courtlistener.com/opinion/111143/united-states-v-jacobsen/ | the plastic bags and their contents were concealed when the first agent arrived, I disagree with the Court's conclusion that the agent could, without a warrant, uncover or unwrap the tube *129 and remove its contents simply because a private party had previously done so. The remainder of this opinion will address this ... |
Justice White | 1,984 | 6 | concurring | United States v. Jacobsen | https://www.courtlistener.com/opinion/111143/united-states-v-jacobsen/ | doctrinal underpinnings of cases establishing that "the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities," United although the analogy is imperfect since the risks assumed by a person whose belongings are subjected to a private searc... |
Justice White | 1,984 | 6 | concurring | United States v. Jacobsen | https://www.courtlistener.com/opinion/111143/united-states-v-jacobsen/ | search unless it has the right to make an independent search." Nor does JUSTICE BLACKMUN's dissent in Walter necessarily support today's holding, for it emphasized that the opened containers *2 turned over to the Government agents "clearly revealed the nature of their contents," ; see and the facts of this case, at lea... |
Justice White | 1,984 | 6 | concurring | United States v. Jacobsen | https://www.courtlistener.com/opinion/111143/united-states-v-jacobsen/ | independent, governmental search that infringes Fourth Amendment privacy interests. 447 U.S., at The majority opinion is particularly troubling when one considers its logical implications. I would be hard-pressed to distinguish this case, which involves a private search, from (1) one in which the private party's knowle... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | The concept of a federal general common law, lurking (to use Justice Holmes' phrase) as a "brooding omnipresence in the sky," was questioned for some time before being firmly rejected in Erie R. See Southern Pacific ; Black & White Taxicab & Transfer Erie mandates that a federal court sitting in diversity apply the sub... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | When respondent failed to meet these commitments, she was asked to withdraw from the program and did so. She transferred to a nursing program at another college, but had to repeat her junior year in order to satisfy the transferee institution's 2-year residency requirement. As a consequence, respondent's nursing educat... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | claim to the jury. The court instructed the jury: "The law provides that substantial and not exact performance accompanied by good faith is what is required in a case of a contract of this type. It is not necessary that the plaintiff have fully and completely performed every item specified in the contract between the p... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | implies the requisite authority to review independently a lower court's determinations. Independent appellate review of legal issues best serves the dual goals of doctrinal coherence and economy of judicial administration. District judges preside alone over fast-paced trials: Of necessity they devote much of their ener... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | care the basis for its legal conclusions. See Fed. Rule Civ. Proc. 52(a) (requiring the district court to "state separately its conclusions of law"). Those circumstances in which Congress or this Court has articulated a standard of deference for appellate review of district-court determinations reflect an accommodation... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | duty of appellate courts to provide meaningful review of such a determination. In a series of cases decided soon after Erie, the Court noted that the appellate courts had applied general federal law instead of the law of the respective States, and remanded to the Courts of Appeals for consideration of the applicable pr... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | a rule of deference, yet cautioned: "We have not, however, failed to closely examine the matter ourselves." Respondent would have us interpret this caveat as an acknowledgment of the appellate court's obligation to review the state-law question de novo. See Brief for Respondent 17-18, and n. 23. The Court of Appeals, h... |
Justice Blackmun | 1,991 | 11 | majority | Salve Regina College v. Russell | https://www.courtlistener.com/opinion/112564/salve-regina-college-v-russell/ | law were reviewed under the deferential standard that we have applied in the past, which permits reversal only for clear error, then they would affirm; but if they were to review the determination under an independent de novo standard, they would reverse"). These few instances, however, make firm our conviction that th... |
Justice White | 1,986 | 6 | majority | Smalis v. Pennsylvania | https://www.courtlistener.com/opinion/111663/smalis-v-pennsylvania/ | At the close of the prosecution's case in chief, the trial court dismissed certain charges against petitioners on the ground that the evidence presented was legally insufficient to support a conviction. The question presented is whether the Double Jeopardy Clause bars the prosecution from appealing this ruling. I Petit... |
Justice White | 1,986 | 6 | majority | Smalis v. Pennsylvania | https://www.courtlistener.com/opinion/111663/smalis-v-pennsylvania/ | the judge, whatever its label, actually represents a resolution [in the defendant's favor], correct or not, of some or all of the factual elements of the offense charged.' " (quoting Martin ). The court gave the following explanation of why the trial court's ruling on petitioners' demurrer is not within this definition... |
Justice Rehnquist | 2,005 | 19 | majority | Arthur Andersen LLP v. United States | https://www.courtlistener.com/opinion/142899/arthur-andersen-llp-v-united-states/ | As Enron Corporation's financial difficulties became public in 2001, petitioner Arthur Andersen LLP, Enron's auditor, instructed its employees to destroy documents pursuant to its document retention policy. A jury found that this action made petitioner guilty of violating 18 U.S. C. 1512(b) (2)(A) and (B). These sectio... |
Justice Rehnquist | 2,005 | 19 | majority | Arthur Andersen LLP v. United States | https://www.courtlistener.com/opinion/142899/arthur-andersen-llp-v-united-states/ | of Potential Claim" as "Professional Practice Government/Regulatory Inv[estigation]." App. JA-1. Temple also e-mailed Odom, suggesting that he "`remin[d] the engagement team of our documentation and retention policy.'" Brief for United 6. On October 16, Enron announced its third quarter results. That release disclose... |
Justice Rehnquist | 2,005 | 19 | majority | Arthur Andersen LLP v. United States | https://www.courtlistener.com/opinion/142899/arthur-andersen-llp-v-united-states/ | October 10 and November 9, 2001, petitioner "did knowingly, intentionally and corruptly persuade other persons, to wit: [petitioner's] employees, with intent to cause" them to withhold documents from, and alter documents for use in, "official proceedings, namely: regulatory and criminal proceedings and investigations."... |
Justice Rehnquist | 2,005 | 19 | majority | Arthur Andersen LLP v. United States | https://www.courtlistener.com/opinion/142899/arthur-andersen-llp-v-united-states/ | her son that he invoke his right against compelled self-incrimination, see U. S. Const., Amdt. 5, or a wife who persuades her husband not to disclose marital confidences, see Nor is it necessarily corrupt for an attorney to "persuad[e]" a client "with intent to cause" that client to "withhold" documents from the Govern... |
Justice Rehnquist | 2,005 | 19 | majority | Arthur Andersen LLP v. United States | https://www.courtlistener.com/opinion/142899/arthur-andersen-llp-v-united-states/ | a clear answer. See "[K]nowledge" and "knowingly" are normally associated with awareness, understanding, or consciousness. See Black's Law Dictionary 888 (hereinafter Black's); Webster's Third New International Dictionary 1252-1253 (1993) (hereinafter Webster's 3d); American Heritage Dictionary of the English Language ... |
Justice Rehnquist | 2,005 | 19 | majority | Arthur Andersen LLP v. United States | https://www.courtlistener.com/opinion/142899/arthur-andersen-llp-v-united-states/ | innocently persuades another to withhold information from the Government "get[s] in the way of the progress of" the Government. With regard to such innocent conduct, the "corruptly" instructions did no limiting work whatsoever. The instructions also were infirm for another reason. They led the jury to believe that it d... |
Justice Scalia | 1,988 | 9 | dissenting | Stewart Organization, Inc. v. Ricoh Corp. | https://www.courtlistener.com/opinion/112115/stewart-organization-inc-v-ricoh-corp/ | I agree with the opinion of the Court that the initial question before us is whether the validity between the parties of a contractual forum-selection clause falls within the scope of 28 U.S. C. 1404(a). See ante, at 26-27, 29. I cannot agree, however, that the answer to that question is yes. Nor do I believe that the ... |
Justice Scalia | 1,988 | 9 | dissenting | Stewart Organization, Inc. v. Ricoh Corp. | https://www.courtlistener.com/opinion/112115/stewart-organization-inc-v-ricoh-corp/ | of overreaching at the time the contract was made. See ante, at 28, and n. 7, 29. The Court largely attempts to avoid acknowledging the novel scope it gives to 1404(a) by casting the issue as how much weight a district court should give a forum-selection clause as against other factors when it makes its determination u... |
Justice Scalia | 1,988 | 9 | dissenting | Stewart Organization, Inc. v. Ricoh Corp. | https://www.courtlistener.com/opinion/112115/stewart-organization-inc-v-ricoh-corp/ | forum-selection clause," and the contrast between this explicit pre-emption *37 of state contract law on the subject and 1404(a) could not be more stark. Section 1404(a) is simply a venue provision that nowhere mentions contracts or agreements, much less that the validity of certain contracts or agreements will be matt... |
Justice Scalia | 1,988 | 9 | dissenting | Stewart Organization, Inc. v. Ricoh Corp. | https://www.courtlistener.com/opinion/112115/stewart-organization-inc-v-ricoh-corp/ | today. II Since no federal statute or Rule of Procedure governs the validity of a forum-selection clause, the remaining issue is whether federal courts may fashion a judge-made rule to govern the question. If they may not, the Rules of Decision Act, 28 U.S. C. 1652, mandates use of state law. See ; 4-472 ; 462 U.S. 1, ... |
Justice Scalia | 1,988 | 9 | dissenting | Stewart Organization, Inc. v. Ricoh Corp. | https://www.courtlistener.com/opinion/112115/stewart-organization-inc-v-ricoh-corp/ | base their decisions on the likelihood of that eventuality when they are choosing whether to sue in state or federal court. With respect to forum-selection clauses, in a State with law unfavorable to validity, plaintiffs who seek to avoid the effect of a clause will be encouraged to sue in state court, and non-resident... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | This is the attorney's fee aftermath of major school desegregation litigation in Kansas City, Missouri. We granted certiorari, to resolve two questions relating to fees litigation under as amended, 42 U.S. C. First, does the Eleventh Amendment prohibit enhancement of a fee award against a State to compensate for delay ... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | rate would fall at the higher end of this range based upon his expertise in the area of civil rights." at A26. It calculated his fees on the basis of an even higher hourly rate of $200, however, because of three additional factors: the preclusion of other employment, the undesirability of the case, and the delay in pay... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | into court. Instead, the award reimburses him for a portion of the expenses he incurred in seeking prospective relief." Section we noted, fit easily into the *9 longstanding practice of awarding "costs" against States, for the statute imposed the award of attorney's fees "as part of the costs." citing Fairmont Creamery... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | Missouri's other line of argument is based on our decision in Library of involved an application of the longstanding "no-interest rule," under which interest cannot be awarded against the United States unless it has expressly waived its sovereign immunity. We held that while Congress, in making the Federal Government a... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | favorable decision finally eventuates, which may be years later Meanwhile, their expenses of doing business continue and must be met. In setting fees for prevailing counsel, the courts have regularly recognized the delay factor, either by basing the award on current rates or by adjusting the fee based on historical rat... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | *285 We begin with the statutory language, which provides simply for "a reasonable attorney's fee as part of the costs." 42 U.S. C. Clearly, a "reasonable attorney's fee" cannot have been meant to compensate only work performed personally by members of the bar. Rather, the term must refer to a reasonable fee for the wo... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | that would be available from the market, the "increasingly widespread custom of separately billing for the services of paralegals and law students who serve as clerks," must be taken into account. All else being equal, the hourly fee charged by an attorney whose rates include paralegal work in her hourly fee, or who bi... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | the prevailing practice is to bill paralegal work at market rates, treating civil rights lawyers' fee requests in the same way is not only permitted by but also makes economic sense. By encouraging the use of lower cost paralegals rather than attorneys wherever possible, permitting market-rate billing of paralegal hour... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | for a past violation of federal law, even though styled as something else," is prohibited by the Eleventh Amendment. at The crucial question in this case is whether that portion of respondents' attorney's fees based on current hourly rates is properly characterized as retroactive monetary relief. In Library of the Cour... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | the Court in that case, i. e., that 2000e-5(k) did not waive the United States' immunity against awards of But there is not so much as a hint anywhere in that the Court's discussions and definitions of interest and compensation for delay were dictated by, or limited to, the federal "no-interest" rule. As the *292 quota... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | by the consent and contract of the State, manifested by statute, or in a form authorized by statute") The Court has recently held that the rule of immunity set forth in Virginia and North Carolina is inapplicable in situations where the State does not retain any immunity, see West but the rule has not otherwise been li... |
Justice Brennan | 1,989 | 13 | majority | Missouri v. Jenkins | https://www.courtlistener.com/opinion/112299/missouri-v-jenkins/ | rates. As one federal court has correctly noted, "Congress has not yet made any statement suggesting that a attorney's fee award should include prejudgment " A comparison of the statute at issue in also indicates that as currently written, is insufficient to allow attorney's fees assessed against a State to be enhanced... |
Justice Douglas | 1,973 | 10 | dissenting | USCSC v. National Association of Letter Carriers | https://www.courtlistener.com/opinion/108857/uscsc-v-national-association-of-letter-carriers/ | The Hatch Act by 9 prohibits federal employees from taking "an active part in political management or in political campaigns." Some of the employees, whose union is speaking for them, want "to run in state and local elections for the school board, for city council, for mayor"; "to write letters on political subjects to... |
Justice Douglas | 1,973 | 10 | dissenting | USCSC v. National Association of Letter Carriers | https://www.courtlistener.com/opinion/108857/uscsc-v-national-association-of-letter-carriers/ | the "rational basis" standard which United Public * applied would suffice.[1] But what may have been unclear to some in Mitchell should by now be abundantly clear to all. We deal here with a First Amendment right to speak, to propose, to publish, to petition Government, to assemble. Time and place are obvious limitatio... |
Justice Douglas | 1,973 | 10 | dissenting | USCSC v. National Association of Letter Carriers | https://www.courtlistener.com/opinion/108857/uscsc-v-national-association-of-letter-carriers/ | A teacher was held to be unconstitutionally discharged for sending a letter to a newspaper that criticized the school authorities. "In these circumstances we conclude that the interest of the school administration in limiting teachers' opportunities to contribute to public debate is not significantly greater than its i... |
Justice Brennan | 1,981 | 13 | majority | Complete Auto Transit, Inc. v. Reis | https://www.courtlistener.com/opinion/110472/complete-auto-transit-inc-v-reis/ | In the Court held that 301 (a) of the Labor Management Relations Act, 1947, 29 U.S. C. 185 (a), does not authorize a damages action against individual union officers and members when their union is liable for violating a nostrike clause in a collective-bargaining agreement. We expressly reserved the question whether an... |
Justice Brennan | 1,981 | 13 | majority | Complete Auto Transit, Inc. v. Reis | https://www.courtlistener.com/opinion/110472/complete-auto-transit-inc-v-reis/ | on the ground that the work stoppage was not precipitated by an arbitrable issue. App. to Pet. for Cert. 18a. The court also dismissed petitioners' claim for damages, holding that "an employer may not sue his employees for monetary relief for breach of the collective bargaining agreement whether or not the union may al... |
Justice Brennan | 1,981 | 13 | majority | Complete Auto Transit, Inc. v. Reis | https://www.courtlistener.com/opinion/110472/complete-auto-transit-inc-v-reis/ | for damages where the union has breached the no-strike provision of its collective-bargaining agreement. Section 301 (b) states in pertinent part that "[a]ny money judgment against a labor organization shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable a... |
Justice Brennan | 1,981 | 13 | majority | Complete Auto Transit, Inc. v. Reis | https://www.courtlistener.com/opinion/110472/complete-auto-transit-inc-v-reis/ | a contract." 92 Cong. Rec. 838 (1946) (remarks of Rep. Case). As introduced in the House, 10 provided for collective-bargaining agreements to be enforceable "against each of the parties thereto."[7] The Senate adopted a bill which *409 encompassed the purposes of 10 of the House version and which, in addition, explicit... |
Justice Brennan | 1,981 | 13 | majority | Complete Auto Transit, Inc. v. Reis | https://www.courtlistener.com/opinion/110472/complete-auto-transit-inc-v-reis/ | brought by either party." H. R. Rep. No. 245, 80th Cong., 1st Sess., 45-46 (1947). Section 302 (b) also contained express language precluding enforcement against individuals *412 of judgments entered against unions.[12] In addition, the bill included an amendment to 7 of the National Labor Relations Act providing that ... |
Justice Brennan | 1,981 | 13 | majority | Complete Auto Transit, Inc. v. Reis | https://www.courtlistener.com/opinion/110472/complete-auto-transit-inc-v-reis/ | of the union. The substitute allows the attachment of employees' bank accounts and all their property. "Mr. TAFT: On request by Senator [Ives] from New York and others who raised the point, I am amending the proposal, by striking out the word `person,' in the second line, and inserting in lieu thereof `labor organizati... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | “In the interpretation of statutes, the function of the courts is easily stated. It is to construe the language so as to give effect to the intent of Congress.” United States v. American Trucking Inc., Instead of adhering to the Legislature’s design, the Court today adopts an interpretation of the Copyright Act at odds... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | which re tailers sold lawfully purchased copies of its work. The first sale doctrine recognizes that a copyright owner should not be permitted to exercise perpetual control over the distribution of copies of a copyrighted work. At some point—ordinarily the time of the first commercial sale— Cite as: 568 U. S. (2013) 3... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | the author of [a] work gave the exclusive United States distribution rights—enforceable under the Act—to the publisher of the United States edition and the exclusive British distribution rights to the pub lisher of the British edition, presumably only those [copies] made by the publisher of the United States edition w... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | all Members of the Quality Court subscribed, as ill-considered dictum. Ante, 7–28. I agree that the discussion was dictum in the sense that it was not essen tial to the Court’s judgment. See Quality 5 U. S., (GINSBURG, J., concurring) (“[W]e do not today resolve cases in which the allegedly infringing imports were man... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | made Cite as: 568 U. S. (2013) 7 GINSBURG, J., dissenting under [Title 17],” the crucial precondition for application of And if does not apply, there is no dis pute that Kirtsaeng’s conduct constituted copyright in fringement under The Court’s point of departure is similar to mine. Ac cording to the Court, the phras... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | (be cause the Act does not apply extraterritorially). The Court rightly refuses to accept such an absurd conclusion. Instead, it interprets as applying only to copies whose making actually complied with Title 17, or would have complied with Title 17 had Title 17 been ap plicable (i.e., had the copies been made in the... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | phrases “lawfully made under this title” and “manu factured in the United States” are interchangeable. To repeat, I read the phrase “lawfully made under this title” as referring to instances in which a copy’s creation is governed by, and conducted in compliance with, Title 17 of the U. S. Code. See Not all copies “man... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | private cause of action against importers of piratical goods. See Quality 5 U. S., at 146. In 2008, however, Congress amended to provide for such a cause of action in (2), which prohibits the unauthorized “[i]mportation into the United States of copies or phonorecords, the making of which either constituted an infringe... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | solely for its archival purposes, and no more than five copies or phonorecords of any other work for its library lending or archival purposes, unless the importation of such copies or phonorecords is part of an activity consisting of sys tematic reproduction or distribution, engaged in by such organization in violatio... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | dissenting III The history of reinforces the conclusion I draw from the text of the relevant provisions: does not apply to copies manufactured abroad. Section 602(a)(1) was enacted as part of the Copyright Act of 1976, –2590. That Act was the product of a lengthy revision effort overseen by the U. S. Copyright Office. ... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | example, Horace Manges of the American Book Publishers Council stated: “When a U. S. book publisher enters into a contract with a British publisher to acquire exclusive U. S. rights for a particular book, he often finds that the English edition of that particular book finds its way into this country. Now it’s all right... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | of action for copyright infringement].” at 32–33. In a 1964 panel discussion regarding the draft statute, Abe Goldman, the Copyright Office’s General Counsel, left no doubt about the meaning of It represented, he explained, a “shif[t]” from the Copyright Office’s 1961 report, which had recommended against using copyrig... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | made in response to Karp’s discussion of “the problem of restricting [the] transfer of lawfully obtained [foreign] copies.” 12 There is but one difference between this language from the 1965 bill and the corresponding language in the current version of : Cite as: 568 U. S. (2013) 17 GINSBURG, J., dissenting The Court i... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | Customs to prohibit im portation only of ‘piratical’ articles.” S. Rep. No. 94– 473, p. 151 (1975) (emphasis added). See also H. R. Rep. No. 94–1476, p. 169 (1976) (same). In sum, the legislative history of the Copyright Act of 1976 is hardly “inconclusive.” Ante, 8. To the con- trary, it confirms what the plain text ... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | Contracting Parties to determine the conditions, if any, under which the ex haustion of the right [to control distribution of copies of a copyrighted work] applies after the first sale or other transfer of ownership of the original or a copy of the work with the authorization of the author.”); WIPO Perfor mances and ... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | for United States as Amicus Curiae in Quality O. T. 1997, No. 96–1470, pp. 22–26 (herein Cite as: 568 U. S. (2013) 21 GINSBURG, J., dissenting after Quality Brief).15 Accordingly, the United States has steadfastly “taken the position in international trade negotiations that domestic copyright owners should have the ri... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | position the United States has taken on exhaustion in internation al negotiations. Quality I acknowledge, discounted the Government’s concerns about potential inconsistency with United States obligations under certain bilateral trade agreements. See 5 U. S., at 153–154. See also Quality Brief 22–24 (listing the agreem... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | 551 U. S., at 881–882.17 —————— 17 Despite the Court’s suggestion to the contrary, this case in no way implicates the per se antitrust prohibition against horizontal “ ‘[a]greements between competitors to allocate territories to minimize competition.’ ” Ante, at 32 (quoting Palmer v. BRG of Ga., Inc., 8 U.S. 46, (1990)... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | 25 GINSBURG, J., dissenting Merrill decision. At that time, no statutory provision expressly codified the first sale doctrine. Instead, copy right law merely provided that copyright owners had “the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending” their works. Co... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | case, Wiley’s dis tribution right would have been exhausted under the rationale of Bobbs-Merrill. Purchasers of the textbooks would thus be free to dispose of the books as they wished without first gaining a license from Wiley. This line of reasoning, it must be acknowledged, signifi cantly curtails the independent e... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | its successors, I would hold, Congress did not “change existing law,” ib by strip ping the word “vend” (and thus its substitute “distribute”) of the limiting construction imposed in Bobbs-Merrill. In any event, the reading of the Copyright Act to which I subscribe honors Congress’ aim in enacting while the Court’s rea... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | interpret (3)(C) as authorizing only the importing, but not the lending, of foreign-made copies of non-audiovisual works. See Brief for American Library Association et al. 20. The United States maintains, and I agree, however, that (3)(C) “is fairly (and best) read as implicitly authorizing lending, in addition to impo... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | briefed by the parties, principles of fair use and implied —————— 24 The word “copy,” as it appears in 09(c), applies to the original of a work of art because the Copyright Act defines the term “copies” to “includ[e] the material object in which the work is first fixed.” 30 KIRTSAENG v. JOHN WILEY & SONS, INC. GINSBURG... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | (footnote omitted)). Cite as: 568 U. S. (2013) 31 GINSBURG, J., dissenting practice.26 Manufacturers, moreover, may be hesitant to do business with software programmers taken to suing consumers. Manufacturers may also insist that soft- ware programmers agree to contract terms barring such lawsuits. The Court provides a... |
Justice Ginsburg | 2,013 | 5 | dissenting | Kirtsaeng v. John Wiley & Sons, Inc. | https://www.courtlistener.com/opinion/855518/kirtsaeng-v-john-wiley-sons-inc/ | absurd—is to enforce it accord ing to its terms.” (internal quotation marks omitted)). VI To recapitulate, the objective of statutory interpretation is “to give effect to the intent of Congress.” American Trucking 310 U. S., at Here, two congres- sional aims are evident. First, in enacting Con- gress intended to grant... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | Today the majority holds that the Fourteenth Amendment requires Mississippi to afford petitioner a free transcript because her civil case involves a "fundamental" right. The majority seeks to limit the reach of its holding to the type of case we confront here, one involving the termination of parental rights. I do not ... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | law, I do not think that the Due Process Clause requires the result the majority reaches. Petitioner's largest obstacle to a due process appeal gratis is our oft-affirmed view that due process does not oblige States to provide for any appeal, even from a criminal conviction. See, e. g., (noting that "a State is not req... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | hearing before a neutral, legally trained decisionmaker. She was represented by counseleven though due process does not in every case require the appointment of counsel. See Through her attorney, petitioner was able to confront the evidence and witnesses against her. And, in accordance with the Chancery Court was requ... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | the `rich' and the `poor.' " Disputing this early manifestation of the "disparate impact" theory of equal protection, Justice Harlan argued: "[N]o economic burden attendant upon the exercise of a privilege bears equally upon all, and in other circumstances the resulting differentiation is not treated as an invidious cl... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | affluent white." 426 U.S., 8 The lesson of is that the Equal Protection Clause shields only against purposeful discrimination: A disparate impact, even upon members of a racial minority, the classification of which we have been most suspect, does not violate equal protection. The Clause is not a panacea for perceived s... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | serves in some cases to prevent persons from availing themselves of state employment, or a state-funded education, or a state-funded abortioneach of which the State may, but is not required to, provideand a facially neutral rule that prevents a person from taking an appeal that is available only because the State cho... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | adduced at trial is facially neutral; it creates no classification. The transcript rule reasonably obliges would-be appellants to bear the costs of availing themselves of a service that the State chooses, but is not constitutionally required, to provide.[2] Any adverse *139 impact that the transcript requirement has on... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | standard is still lower than that required before a guilty verdict. See 455 U. S., at -770. That said, it is true enough that civil and criminal cases do not always stand in bold relief to one another. 404 U.S. 9 marks a particularly discomfiting point along the border between the civil and criminal areas. Based on Gri... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | me this points up the difficulty underlying the entire Griffin line. Taking the Griffin line as a given, however, and in the absence of any obvious limiting principle, I would restrict it to the criminal appeals to which its authors, see sought to limit it. The distinction between criminal and civil casesif blurred at... |
Justice Thomas | 1,996 | 1 | second_dissenting | Mlb v. Slj | https://www.courtlistener.com/opinion/118071/mlb-v-slj/ | constitutionally be denied a free transcript in any case that involves an interest that is arguably as important as the interest in Mayer (which would appear to include all the types of cases that I mention above, and perhaps many others).[8] What is more, it must be remembered that Griffin did not merely invent *144 t... |
Justice Stevens | 1,980 | 16 | majority | Branti v. Finkel | https://www.courtlistener.com/opinion/110232/branti-v-finkel/ | The question presented is whether the First and Fourteenth Amendments to the Constitution protect an assistant public defender who is satisfactorily performing his job from discharge solely because of his political beliefs. Respondents, Aaron Finkel and Alan Tabakman, commenced this action in the United States District... |
Justice Stevens | 1,980 | 16 | majority | Branti v. Finkel | https://www.courtlistener.com/opinion/110232/branti-v-finkel/ | "competent attorneys," the District Court expressly found that both had been "satisfactorily performing their duties as Assistant Public Defenders." Having concluded that respondents had been discharged solely because of their political beliefs, the District Court held that those discharges would be permissible under t... |
Justice Stevens | 1,980 | 16 | majority | Branti v. Finkel | https://www.courtlistener.com/opinion/110232/branti-v-finkel/ | janitors, it is an acceptable requirement for an assistant public defender. *513 I In the Court held that the newly elected Democratic Sheriff of Cook County, Ill., had violated the constitutional rights of certain non-civil-service employees by discharging them "because they did not support and were not members of the... |
Justice Stevens | 1,980 | 16 | majority | Branti v. Finkel | https://www.courtlistener.com/opinion/110232/branti-v-finkel/ | for the 1969-1970 academic year is immaterial to his free speech claim. Indeed, twice before, this Court has specifically held that the non-renewal of a nontenured public school teacher's one-year contract may not be predicated on his exercise of First and Fourteenth Amendment rights. ]; ]. We reaffirm those holdings h... |
Justice Stevens | 1,980 | 16 | majority | Branti v. Finkel | https://www.courtlistener.com/opinion/110232/branti-v-finkel/ | some types of government employment. Thus, if an employee's private political beliefs would interfere with the discharge of his public duties, his First Amendment rights may be required to yield to the State's vital interest in maintaining governmental effectiveness and efficiency. In Elrod, it was clear that the dutie... |
Justice Stevens | 1,980 | 16 | majority | Branti v. Finkel | https://www.courtlistener.com/opinion/110232/branti-v-finkel/ | an assistant public defender is to represent individual citizens in controversy with the State.[13] As we recently observed in commenting on the duties of counsel appointed to represent indigent defendants in federal criminal proceedings: "[T]he primary office performed by appointed counsel parallels the office of priv... |
Justice Stevens | 1,990 | 16 | majority | Howlett v. Rose | https://www.courtlistener.com/opinion/112456/howlett-v-rose/ | Section 1 of the Civil Rights Act of 1871, Rev. Stat. 1979, now codified as 42 U.S. C. 1983, creates a remedy for violations of federal rights committed by persons acting under color of state law.[1] State courts as well as federal courts have jurisdiction over 1983 cases. The question in *359 this case is whether a st... |
Justice Stevens | 1,990 | 16 | majority | Howlett v. Rose | https://www.courtlistener.com/opinion/112456/howlett-v-rose/ | state court. Hill holds that Florida has not so waived its sovereign immunity. We therefore do not reach appellant's second issue in this case, i. e., whether under federal law a Florida school board is immune from a section 1983 law. There is no question under Florida law that agencies of the state, including school b... |
Justice Stevens | 1,990 | 16 | majority | Howlett v. Rose | https://www.courtlistener.com/opinion/112456/howlett-v-rose/ | negligent maintenance of county swimming pools and failure to warn or correct known dangerous conditions,[10] and the failure to protect a prison inmate from other inmates known to be dangerous.[11] Hill argued *364 that just as the State could be joined in an action for the violation of established state common-law or... |
Justice Stevens | 1,990 | 16 | majority | Howlett v. Rose | https://www.courtlistener.com/opinion/112456/howlett-v-rose/ | or state court. The language and reasoning of the State Supreme Court, if not its precise holding, however, went further. That further step was completed by the District Court of Appeal in this case. As that court construed the law, Florida has extended *366 absolute immunity from suit not only to the State and its arm... |
Justice Stevens | 1,990 | 16 | majority | Howlett v. Rose | https://www.courtlistener.com/opinion/112456/howlett-v-rose/ | strange or foreign to each other in the broad sense of that word, but [are] all courts of a common country, all within the orbit of their lawful authority being charged with the duty to safeguard and enforce the right of every citizen without reference to the *368 particular exercise of governmental power from which th... |
Justice Stevens | 1,990 | 16 | majority | Howlett v. Rose | https://www.courtlistener.com/opinion/112456/howlett-v-rose/ | Congress is not in harmony with the policy of the State, and therefore that the courts of the State are free to decline jurisdiction, is quite inadmissible because it presupposes what in legal contemplation does not exist. When Congress, in the exertion of the power confided to it by the Constitution, adopted that act,... |
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