The Oyez Project: 1977 Term

Adamo Wrecking Co. v. United States (No. 76-911)

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Agosto v. Ins (No. 76-1410)

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Allied Structural Steel Co. v. Spannaus (No. 77-747)

In 1974, Minnesota adopted legislation which required private employers to pay a fee if they terminated employee pension plans or if they moved their offices from the state, leaving insufficient funds to cover pensions for ten-year employees. This law affected Allied Structural Steel as the company began closing offices in Minnesota. Even though the employees affected by the closing were not entitled to pensions under the terms of their employment with the company, according to the Minnesota law, they were. The company was ordered to pay approximately $185,000 to comply with the statute's provisions.

American Broadcasting Cos. v. Writers Guild (No. 76-1121)

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Andrus v. Charlestone Stone Products Co. (No. 77-380)

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Arizona v. Washington (No. 76-1168)

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Baldwin v. Fish & Game Commission of Montana (No. 76-1150)

In its licensing system for elk-hunters, the state of Montana required nonresidents to pay a substantially higher fee than residents for a hunting permit.

Ballew v. Georgia (No. 76-761)

Ballew was found in violation of a misdemeanor for exhibiting an obscene motion picture film. In the Criminal Court of Fulton County, a jury of five persons was selected and sworn to hear the case.

Bankers Trust Co. v. Mallis (No. 76-1359)

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Bell v. Ohio (No. 76-6513)

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Beth Israel Hospital v. NLRB (No. 77-152)

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Board Of Curators, Univ. Of Mo. v. Horowitz (No. 76-695)

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Bordenkircher v. Hayes (No. 76-1334)

Paul Lewis Hayes was charged with forgery, an offense which carried a two-to-ten-year prison sentence. During plea negotiations, the prosecutor offered to pursue a five year sentence if Hayes would plead guilty. However, the prosecutor also stated that he would seek an indictment under the Kentucky Habitual Crime Act if the defendant did not register this plea. (Hayes had two prior felony convictions on his record.) If found guilty under this law, Hayes would be imprisoned for life. Hayes did not plead guilty and the prosecutor followed through on his promise.

Browder v. Director, Ill. Dept. Of Corrections (No. 76-5325)

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Burks v. United States (No. 76-6528)

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Butz v. Economou (No. 76-709)

Following a failed attempt by the Department of Agriculture to revoke or suspend his commodity futures commission company's registration, Arthur Economou sought damages against Earl Butz and several other federal administrative officials for wrongful initiation of administrative proceedings. On appeal from an adverse district court finding of absolute immunity for state officials, the New York Court of Appeals reversed as it found that federal administrators were only entitled to qualified immunity. Butz appealed and the Supreme Court granted certiorari.

Califano v. Jobst (No. 76-860)

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California v. Southland Royalty Co. (No. 76-1114)

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California v. Texas (No. 76 ORIG)

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California v. United States (No. 77-285)

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Carey v. Piphus (No. 76-1149)

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Carter v. Miller (No. 76-1171)

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Central Illinois Public Serv. Co. v. United States (No. 76-1058)

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Christiansburg Garment Co. v. EEOC (No. 76-1383)

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Citizens & Southern Nat. Bank v. Bougas (No. 76-398)

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Commissioner v. Kowalski (No. 76-1095)

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Coopers & Lybrand v. Livesay (No. 76-1836)

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Crist v. Bretz (No. 76-1200)

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Duke Power Co. v. Carolina En v. Study Group (No. 77-262)

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Durst v. United States (No. 76-5935)

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Eastex, Inc. v. NLRB (No. 77-453)

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Elkins v. Moreno (No. 77-154)

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Exxon Corp. v. Governor Of Maryland (No. 77-10)

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FCC v. National Citizens Committee for Broadcasting (No. 76-1471)

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FCC v. Pacifica Foundation (No. 77-528)

During a mid-afternoon weekly broadcast, a New York radio station aired George Carlin's monologue, "Filthy Words." Carlin spoke of the words that could not be said on the public airwaves. His list included shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. The station warned listeners that the monologue included "sensitive language which might be regarded as offensive to some." The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son.

First Federal S. & L. v. Massachusetts Tax Comm'n (No. 77-334)

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First National Bank Of Boston v. Bellotti (No. 76-1172)

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Flagg Bros., Inc. v. Brooks (No. 77-25)

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Fmc v. Pacific Maritime Assn. (No. 76-938)

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Foley v. Connelie (No. 76-839)

Edmund Foley applied for a position as a New York state trooper. Although Foley was a legally admitted resident alien, state officials refused to permit him to take the examination. New York authorities relied on a statute providing that "no person shall be appointed to the. . .state police force unless he shall be a citizen of the United States."

Frank Lyon Co. v. United States (No. 76-624)

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Franks v. Delaware (No. 77-5176)

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Fulman v. United States (No. 76-1137)

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Furnco Construction Corp. v. Waters (No. 77-369)

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Gardner v. Westinghouse Broadcasting Co. (No. 77-560)

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Greene v. Massey (No. 76-6617)

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Greyhound Corp. v. Mt. Hood Stages, Inc. (No. 77-598)

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Hicklin v. Orbeck (No. 77-324)

In 1972, the Alaska Legislature passed the Local Hire Under State Leases Act which required "all oil and gas leases [and other activities related to this industry] to which the state is a party" include provisions for the preferential hiring of Alaska residents over non-residents. To administer the law, residents were issued residency cards which they were to present to potential employers when seeking jobs. Hicklin and others did not qualify for employment under the Alaska residency standard.

Holloway v. Arkansas (No. 76-5856)

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Houchins v. KQED Inc. (No. 76-1310)

KQED Inc., owner of a number of licensed television and radio broadcasting stations, requested permission to inspect and take pictures of the Alameda County Jail at Santa Rita. KQED sought to investigate a recent suicide that had occurred at the facility. Houchins, the Sheriff of Alameda County, denied access to the media.

Hutto v. Finney (No. 76-1660)

Litigation challenging the conditions in the Arkansas prison system began in 1969. In evaluating the diet and sleeping arrangements of the inmates, the physical condition of cells, and the behavior of prison guards (some of whom were inmates who had been issued guns), a District Court called the conditions which inmates were forced to face "a dark and evil world completely alien to the free world." This case involved a challenge to the practice of "punitive isolation" in Arkansas prisons which was often done for indiscriminate periods of time in crowded windowless cells.

In Re Primus (No. 77-56)

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J. W. Bateson Co. v. Board Of Trustees (No. 76-1476)

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Key v. Doyle (No. 76-1057)

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Kulko v. California Superior Court (No. 77-293)

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Lafayette v. Louisiana Power & Light Co. (No. 76-864)

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Lakeside v. Oregon (No. 76-6942)

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Landmark Communications, Inc. v. Virginia (No. 76-1450)

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Lockett v. Ohio (No. 76-6997)

An Ohio law required that individuals found guilty of aggravated murder be given the death penalty. The death penalty was mandatory unless: 1) the victim had induced the offense, 2) the offense was committed under duress or coercion, or 3) the offense was a product of mental deficiencies. Sandra Lockett, who had encouraged and driven the getaway car for a robbery that resulted in the murder of a pawnshop owner, was found guilty under the statute and sentenced to death.

Lorillard v. Pons (No. 76-1346)

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Los Angeles Dept. Of Water & Power v. Manhart (No. 76-1810)

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Malone v. White Motor Corp. (No. 76-1184)

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Marshall v. Barlow's, Inc. (No. 76-1143)

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Massachusetts v. United States (No. 76-1500)

In 1970, Congress imposed an annual registration tax on all civil aircraft that fly in the navigable airspace of the United States. The state of Massachusetts owned and utilized a helicopter for the purpose of patrolling highways and fulfilling other police duties. When Massachusetts refused to pay the tax, the federal government collected it from the state's accounts, plus interest and penalties. Massachusetts then sought a refund of the money collected.

Mcadams v. Mcsurely (No. 76-1621)

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Mcdaniel v. Paty (No. 76-1427)

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Memphis Light, Gas & Water Div. v. Craft (No. 76-39)

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Michigan v. Tyler (No. 76-1608)

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Mincey v. Arizona (No. 77-5353)

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Mobil Oil Corp. v. Higginbotham (No. 76-1726)

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Monell v. New York City Dept. Of Social Services (No. 75-1914)

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Moore v. Illinois (No. 76-5344)

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Moorman Mfg. Co. v. Bair (No. 77-454)

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Nashville Gas Co. v. Satty (No. 75-536)

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National Broiler Marketing Assn. v. U.S. (No. 77-117)

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National Soc. Of Professional Engineers v. U.S. (No. 76-1767)

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New York v. Cathedral Academy (No. 76-616)

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Nixon v. Warner Communications, Inc. (No. 76-944)

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NLRB v. Iron Workers (No. 76-719)

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NLRB v. Robbins Tire & Rubber Co. (No. 77-911)

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Ohralik v. Ohio State Bar Assn. (No. 76-1650)

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Oliphant v. Suquamish Indian Tribe (No. 76-5729)

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Oppenheimer Fund, Inc. v. Sanders (No. 77-335)

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Owen Equipment & Erection Co. v. Kroger (No. 77-677)

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Parham v. J. R. (No. 75-1690)

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Parker v. Flook (No. 77-642)

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Penn Central Transport Co. v. New York (No. 77-444)

The New York City Landmarks Preservation Law of 1965 empowered the city to designate certain structures and neighborhoods as "landmarks" or "landmark sites." Penn Central, which owned the Grand Central Terminal (opened in 1913), was not allowed to construct a multistory office building above it.

Pennsylvania v. Mimms (No. 76-1830)

This case arose when two Philadelphia police officers pulled over the defendant, Harry Mimms, for driving with an expired license plate. After asking Mimms to exit the car, the officers noticed an unusual bulge underneath his jacket. One of the officers searched Mimms and discovered a loaded .38-caliber revolver. Mimms was charged with carrying a concealed deadly weapon and unlawfully carrying a firearm without a license. He was convicted on both counts at trial after his motion to suppress the revolver was denied.

On appeal, the Pennsylvania Supreme Court reversed the conviction, holding that the officers' request for Mimms to exit the vehicle was an unlawful "seizure" in violation of the Fourth Amendment. According to the court, the officer could not point to any "objective observable facts to support a suspicion that criminal activity was afoot or that the occupants of the vehicle posed a threat to police safety" sufficient to warrant ordering Mimms to step out of the car. Therefore, the officers should never have noticed the bulge and the search should never have taken place.

Pfizer Inc. v. India (No. 76-749)

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Philadelphia v. New Jersey (No. 77-404)

A New Jersey law prohibited the importation of most "solid or liquid waste which originated or was collected outside the territorial limits of the State."

Pinkus v. United States (No. 77-39)

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Procunier v. Navarette (No. 76-446)

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Quern v. Mandley (No. 76-1159)

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Quilloin v. Walcott (No. 76-6372)

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Ray v. Atlantic Richfield Co. (No. 76-930)

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Raymond Motor Transportation, Inc. v. Rice (No. 76-558)

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Regents of the University of California v. Bakke (No. 76-811)

Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.

Richmond Unified School District v. Berg (No. 75-1069)

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Rinaldi v. United States (No. 76-6194)

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Robertson v. Wegmann (No. 77-178)

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Sanabria v. United States (No. 76-1040)

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Santa Clara Pueblo v. Martinez (No. 76-682)

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Scott v. United States (No. 76-6767)

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Sears, Roebuck & Co. v. Carpenters (No. 76-750)

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SEC v. Sloan (No. 76-1607)

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Shell Oil Co. v. Dartt (No. 76-678)

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Simpson v. United States (No. 76-5796)

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Slodov v. United States (No. 76-1835)

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St. Paul Fire & Marine Ins. Co. v. Barry (No. 77-240)

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Stump v. Sparkman (No. 76-1750)

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Swisher v. Brady (No. 77-653)

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Taylor v. Kentucky (No. 77-5549)

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Trans Alaska Pipeline Rate Cases (No. 77-452)

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Tva v. Hill (No. 76-1701)

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U.S. Steel Corp. v. Multistate Tax Comm. (No. 76-635)

In 1972, twenty one states were members of the Multistate Tax Compact, a body formed by states to assist them in formulating and administering tax law relating to multistate businesses. The Compact had not received congressional approval.

United Air Lines, Inc. v. Mcmann (No. 76-906)

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United States v. California (No. 5 ORIG)

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United States v. Ceccolini (No. 76-1151)

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United States v. Culbert (No. 77-142)

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United States v. Grayson (No. 76-1572)

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United States v. Jacobs (No. 76-1193)

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United States v. John (No. 77-836)

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United States v. Lasalle National Bank (No. 77-365)

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United States v. Macdonald (No. 75-1892)

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United States v. Mauro (No. 76-1596)

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United States v. New Mexico (No. 77-510)

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United States v. New York Telephone Co. (No. 76-835)

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United States v. Scott (No. 76-1382)

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United States v. Sheffield Board Of Comm'rs (No. 76-1662)

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United States v. Sotelo (No. 76-1800)

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United States v. United States Gypsum Co. (No. 76-1560)

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United States v. Wheeler (No. 76-1629)

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Vermont Yankee Nuclear Power Corp. v. NRDC (No. 76-419)

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Vitek v. Jones (No. 77-888)

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Washington Rev. Dept. v. Stevedoring Assn. (No. 76-1706)

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Will v. Calvert Fire Ins. Co. (No. 77-693)

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Wise v. Lipscomb (No. 77-529)

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Zablocki v. Redhail (No. 76-879)

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Zenith Radio Corp. v. United States (No. 77-539)

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Zurcher v. The Stanford Daily (No. 76-1484)

In 1971, officers of the Palo Alto, California, Police Department obtained a warrant to search the main office of The Stanford Daily, the student newspaper at the university. It was believed that The Stanford Daily had pictures of a violent clash between a group of protesters and the police; the pictures were needed to identify the assailants. The officers searched The Daily's photographic laboratories, filing cabinets, desks, and waste paper baskets, but no materials were removed from the office. This case was decided together with Bergna v. Stanford Daily, involving the district attorney and a deputy district attorney who participated in the obtaining of the search warrant.