Selection and Confirmation of Federal Judges: Hearing Before the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, First Session, Partie 4U.S. Government Printing Office, 1980 |
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action alleged American Bar Association appointment August Bar Association Bar Examiners Bertelsman Bowen Burciaga Chairman Chicanos Circuit Court civil rights claim complaint confirmation CONGRESS THE LIBRARY constitutional County Court of Appeals criminal David Windham decision defendant Detroit dismissed Eastern District equal justice fact Federal bench Federal courts Federal judges filed Georgia hearing Hispanic issue Judge Jefferson Judge Kennedy judgeship judicial jury Kennedy's Law School lawyers litigation minority NAACP nominating commission opinion plaintiff police POSITION OF U.S. practice President prison pro se procedure qualified question recommended record response Schnapper's statement Senator BAUCUS Senator CULVER Senator DECONCINI Senator HATCH Senator HEFLIN Senator KENNEDY Senator LAXALT Senator LEAHY Senator MATHIAS Senator METZENBAUM Senator SIMPSON Senator THURMOND served Sixth Circuit summary judgment Supreme Court testimony Thank tion trial U.S. Army U.S. Attorneys U.S. District Court U.S. DISTRICT JUDGE U.S. Senate United Washington WINBERRY
Fréquemment cités
Page 5 - Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.
Page 75 - The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice" — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
Page 114 - And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment ; but ye shall hear the small as well as the great : ye shall not be afraid of the face of man ; for the judgment is God's : and the cause that is too hard for you, bring it unto me, and I will hear it.
Page 93 - We first consider the breach of contract claim, bearing in mind that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 160 - Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
Page 93 - Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.
Page 72 - In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 219 - The question may be plainly unsubstantial, either because it is "obviously without merit" or because "its unsoundness so clearly results from the previous decisions of this court as to foreclose the subject and leave no room for the inference that the question sought to be raised can be the subject of controversy.
Page 251 - In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.
Page 174 - Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations. 413 US 376, 93 S.Ct.