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action adviser agreement Amendment applied argued argument Attorney authority bank basis benefits Board BRENNAN brief cause circumstances claim Clause concern concluded concurring Congress consider constitutional Corp Court of Appeals damages death decision defendant determine dissenting District Court effect employees ERISA established evidence expression fact federal filed final Government hearing held holding immunity impose Indian individual interest investment involved issue judge judgment jury JUSTICE Kansas lands legislative levy limited matter means ment noted notice offer officer Opinion parties person petitioner Phillips plaintiffs practice present procedural protection provides Pueblo purchase question reason regulation religion residents respondent result royalty rule schools sentence Service speech standard Stat statute suggests Supp supra Supreme Court tion trial United Vermont violated York
第 507 頁 - at 230, quoting Roth v. United States, supra, at 489; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
第 410 頁 - Section 703(e) of Title VII permits classifications based on religion, sex or national origin in those certain instances "where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
第 496 頁 - (1967), and except in the most extreme circumstances citizens cannot be punished for exercising this right "without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions," De Jonge v. Oregon, 299 US 353, 364
第 583 頁 - plan . . . with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
第 89 頁 - (1947), summarized its exegesis of Establishment Clause doctrine thus: "In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between church and State.' Reynolds v. United States, [98 US 145, 164 (1879)].
第 89 頁 - This language from Reynolds, a case involving the Free Exercise Clause of the First Amendment rather than the Establishment Clause, quoted from Thomas Jefferson's letter to the Danbury Baptist Association the phrase "I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of
第 8 頁 - unlawful for any person, directly or indirectly, . . . "(b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, any manipulative or deceptive device or contrivance in contravention of such rules and regulations
第 257 頁 - ("The people inhabiting this state do agree and declare that they forever disclaim all right and title ... to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through the
第 814 頁 - (1962). Generally stated, federal standing requires an allegation of a present or immediate injury in fact, where the party requesting standing has "alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues.