Gender in schools and accomodating differences

Federal Impact Aid Program; financial assistance to local school districts; prohibits offsetting federal aid by reducing state aid to a local district; unreasonably interfering with a state program that seeks to equalize per-pupil expenditures. Secretary of Labor; An agency's practice of advising affected entities that a regulation does not apply to them establishes an authoritative departmental interpretation that may not be changed without prior notice and comment. EPA; If Congress grants a procedural right to protect concrete interests,like right to challenge agency action unlawfully withheld, litigant can assert without meeting ordinary standards for redressability and immediacy; standing. Earth Island Institute; doctrine of standing requires federal courts to satisfy plaintiff alleged such personal stake in outcome of controversy to warrant plaintiff's invocation of federal court jurisdiction; case or controversy requirement. City of New York; Use of Line Item Veto Act to cancel spending for a budget item violates the Constitution by permitting the virtual amendment of Congressional acts by the President.; delegation doctrine. Redding; school search permissible in scope when measures adopted reasonably related to objectives of search, not excessively intrusive in light of age and sex of student and nature infraction; qualified immunity. EPA; Because greenhouse gases fit squarely within the Clean Air Act's definition of air pollutant, the EPA has the authority to regulate the emission of such gases from new motor vehicles. Leemon Family LLC; parties to an LLC have substantial authority to shape their own affairs, and any conflicts between the LLC Act and their agreement will be resolved in favor of the agreement. Jaffari; a limited liability company (LLC) is bound by the operating agreement signed by some members and that defines the LLC's governance and operation, even if the LLC itself did not sign. Boland Trane Associates, Inc.; Although an SLC's substantive decisions are presumed reasonable, there is no presumption that the SLC was independent, acted in good faith, or followed reasonable procedures. Cellular Information Systems, Inc.; corporate fiduciary generally must place the corporation's interests before his own, but here no valid expectancy interest and did not usurp any corporate opportunity. Gugliuzzi; the knowledge of an agent acting within the scope of his or her authority is chargeable to the principal, regardless of whether that knowledge is actually communicated. When a non-testifying codefendant confession incriminating defendant is not directly admissible against defendant, the confrontation clause bars its admission at their joint trial, even if the jury is instructed not to consider it against the defendant. A statute is void for vagueness if it fails to specify the conduct punishable thereunder such that the defendant lacks fair warning that his conduct violates the statute. When there is doubt as to whether an instrument has been forged or merely altered, the court will assume that the instrument was altered. Under Communications Act of 1934, the Federal Communications Commission (FCC) regulates interstate telephone communications using a traditional regulatory system similar to what other commissions regulating other common carriers. Mukasey; An immigration judge's credibility determination must be based on specific, cogent reasons that bear a legitimate nexus to the findings; asylum and protection; Convention Against Torture; Board of Immigration Appeals . Sale of securities falls under 10(b) of the Securites and Exchange Act of 1934; section 10(b) forbids the use of any manipulative or deceptive device or contrivance relating to the sale of a security that is misleading or operates as a fraud or deceit. The Chase Manhattan Bank; Boilerplate successor obligor clauses do not permit assignment of the public debt to another party in the course of a liquidation unless to a single purchaser. RJR Nabisco, Inc.; When there is no express covenant restricting the incurring of new debt, and no perceived direction to that end from the express covenants, the court will not imply a covenant. Bolger; A derivative action that alleges only a breach of the duty of care, and not a breach of the duty of loyalty, does not require separate legal representation of the corporate plaintiff and the management defendants. RCO AG Credit, Inc.; When the court requires a plaintiff in a derivative action to post a bond for the defendant's anticipated attorney's fees and costs, the defendant may not recover costs or fees greater than that bond. Oak Industries, Inc.; The relationship between a corporation and its bondholders is contractual in nature, and the rights and obligations of the parties will be spelled out in the documentation of that relationship. Allied Artists Picture Corporation; When and in what amounts dividends will be declared rests in the honest discretion of the directors, assuming the absence of fraud or a gross abuse of discretion. Delaware corporate law authorizes the indemnification of an officer's legal expenses when the officer has been successful in the underlying proceeding, as well as the advancement of expenses in pending proceedings. Goodyear; a shareholder derivative action must state with particularity any effort made by the plaintiff to obtain the desired action from the directors and the reasons for not obtaining the action or making the effort. Shareholder Litigation; to obtain a preliminary injunction, must demonstrate (1) a reasonable probability of success on the merits, (2) will suffer irreparable harm, and (3) the balance of the equities Nixon v. China Media Express Holdings, Inc.; shareholder may inspect the books and records of a corporation to investigate fraud and mismanagement, and the ability of the board to act independently and in good faith. In re MFW Shareholders Litigation; business judgment rule standard of review applies to controlling stockholder merger if procedural safeguards followed; majority of the minority stockholder approval. Imposition of death sentence for murder in the first degree is not void under due process clause solely because trial court considered additional information from probation department and other sources. Right to a jury trial is not violated by pennsylvania mandatory minimum sentencing act. Moore; The Sixth Amendment requires reasonable competence in representing the accused, but substantial deference must be afforded to counsel's judgment. Habeas corpus; per curiam; opinion; vagueness doctrine; void for vagueness. Court broad construction of a state criminal statute provides fair notice that statutory language will encompass conduct related to that forbidden by the statute. The EPA may consider both the health effects of pollution and the cost of abating it when determining whether a state SIP fails to comply with the Clean Air Act. Navigable waters; The phrase the waters of the United States, as used in the Clean Water Act, includes only those relatively permanent or continuously flowing bodies of water forming geographic features; wetlands are not navigable waters. Goldstene; If the California motor vehicle emissions regulations are granted a waiver by the EPA to the Clean Air Act, enforcement is not prevented by the doctrine of conflict preemption or by express preemption. Duke Energy Corp; A Clean Air Act permit is required for any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant. EPA; EPA is not properly exercising its duty under the Clean Air Interstate Rule unless it is promulgating a rule that achieves something measureable toward the goal of prohibiting sources within one state from affecting another state. National Highway Traffic Safety Administration; NHTSA has a duty to assess environmental impacts, including impact on climate change, of rules; enviornmental impact statement. Defenders of Wildlife; Endangered Species Act § 7(a)(2)'s application limited to actions in which discretionary federal involvement or control, and thus it does not apply in the context of mandatory EPA actions. Punitive damages awards must be weighed against the compensatory damages; reprehensibility of the defendant's conduct, disparity between actual harm caused and amount of the punitive damages awarded. Content based restriction, prior restraint, requiring permits for all public assemblies does not infringe on the freedom of speech, content neutral regulation of access to public property, provides adequate standards. Fourth amendment; right against self incriimination. The fifth amendment does not prevent compelled disclosure of client materials disclosed to an attorney where the materials would not be privileged in the hands of the client. The privilege against self incrimination protects against being compelled to provide information to a grand jury about the existence of sources of potentially incriminating evidence.

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Beneficial owner; rights offering; stockholders have records inspection rights after corporation merger; neither record holders nor beneficial holders need have an actual economic interest in stock to have inspection rights. Investment Co; A limited partner who is not also a general partner is not liable for the obligations of the limited partnership unless he takes part in the control of the business. Jerez; Under Utah law, documents that provide for the acquisition, mortgage, or disposition of property of the LLC are binding on the LLC if they are signed by a manager; limited liability company. In imposing new sentence upon defendant whose original sentence has been set aside, trial judge may consider events subsequent to first trial and may impose sentence that is greater or less than original sentence. Habeas corpus; ineffective assistance of counsel; nolo contendere. establishes a bank's standard of care for the processing of checks but does not preempt common law tort claims regarding communications about the processing of checks.

IPO; initial public offering; when the board of directors cannot be expected, due to self interest, to determine whether to initiate legal proceedings against the corporation, it would be futile for the shareholders to make a demand before filing suit. An appellate court should not review a district court sentencing departure decision de novo but instead should ask whether the sentencing court abused its discretion. The manifest necessity requirement, which authorizes granting a mistrial in a criminal case and precludes the defendant from successfully raising a plea of double jeopardy, is met when the indictment is insufficient to charge a crime. Continuing offense; separate and distinct offenses, even if of the same nature, do not constitute a continuing offense, such as two sales of narcotics to the same purchaser, but at different times. A review of the sufficiency of the evidence to support a criminal conviction requires a determination as to whether the record evidence could reasonably support a finding of guilt beyond a "reasonable doubt" standard. Maliciously requires a showing that the defendant acted with an actual intent to cause the particular kind of harm done or that the particular kind of harm might result from his actions. Jury instructions that, by conclusive presumption or misleading directions, shift the burden of proof on an essential element of the crime to the defendant violate the Due Process Clause. When common sense and experience suggest defendant must have known or been aware of a high probability of existence of a fact, the jury may infer his knowledge as element of crime charged. Application of simple negligence standard in criminal proceedings does not violate Due Process Clause; governmental interests deterring similar future conduct outweigh infringement personal freedom. When, by statute, recklessness is established without existence of actual danger, defendant may not escape liability because he was without power to cause danger to his victim. Unconsciousness is an affirmative defense requiring defendant to prove beyond reasonable doubt that mental element of crime is negated by his unconsciousness. To establish first-degree murder, premeditation must be proved by evidence that defendant considered his decision to kill for some period of time before act of killing.

Controlling shareholder; control of sale; presumtion that, in making a business decision, corporate directors act on an informed basis, in good faith, and in the honest belief that the action taken is in the company's best interests. Louisiana-Pacific Resources, Inc; The Commerce Clause is not implicated by a statute that regulates corporations even-handedly and imposes no special or distinct burden on out-of-state interests; dormant commerce clause; straight voting. Mc Kesson HBOC, Inc.; stockholder has right to make written demand to inspect corporate books and records for purpose reasonably related to person's interest as stockholder; derivative action; parent corporation; subsidiary corporation. Verizon Communications, Inc; Stockholders seeking inspection of corporate books and records must present some evidence suggest credible basis from which court can infer mismanagement, waste, or wrongdoing may have occurred. Omission to act by one under a legal duty to do so is sufficient for criminal liability if it is a substantial factor in bringing about the consequences prohibited by statute. Homicide; malice afterthought; manslaughter; murder. Causation; habeas corpus; intervening cause; second-degree murder; superseding cause.

Direct action; special injury test disapproved for determining whether a direct action exists; standing to assert direct action depends on whether the individual, not the corporation, suffered harm and would benefit from the recovery or remedy. F & W Acquisition LLC, recission, fraud, contracts may not be rescinded based on misrepresentations made during negotiations unless one party to contract made misrepresentations, knowing them to be false. Derivative Litigation, A director's independence turns on whether the director is, for any substantial reason, incapable of making a decision with only the best interests of the corporation in mind. Failure to instruct the jury on a material element of the prosecution's case violates the defendant's due process rights. A buyer may revoke acceptance of goods when a nonconformity impairs the value of the goods to the individual buyer, taking into account the needs and circumstances of the individual buyer.

When Congress mandates a specific definition of a statutory term, an agency cannot interpret the meaning of the term differently under its regulations. Twombly; sufficient factual allegations required for Fed. Judicial impartiality is not a compelling enough interest to justify suppressing candidates views, government regulations that supress speech on the basis of its content must be narrowly tailored, first amendment. Nontestimonial evidence obtained as a result of a defendant s voluntary statement given without the benefit of miranda warnings need not be excluded at the defendant's trial; fruit of the poisonous tree doctrine. Crossmedia Services, Inc.; when a benefit is offered subject to stated conditions, and the offeree takes the benefit with knowledge of the terms of the offer, the taking constitutes acceptance of the terms.

Last modified 20-Sep-2019 19:17