Transportation
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
American Trucking Associations V. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause
University of Miami Law Review Volume 41 Number 5 Article 10 5-1-1987 American Trucking Associations v. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause Robert J. Borrello Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the State and Local Government Law Commons Recommended Citation Robert J. Borrello, American Trucking Associations v. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause, 41 U. Miami L. Rev. 1117 (1987) Available at: https://repository.law.miami.edu/umlr/vol41/iss5/10 This Casenote is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. CASENOTES American Trucking Associations v. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause I. INTRODUCTION .. ....................................................... 1117 II. STATEMENT OF THE CASE ............................................... 1119 III. THE DORMANT COMMERCE CLAUSE ...................................... 1121 A. The Axle Tax Discriminatesin Effect ................................ 1122 B. The Complementary Tax Doctrine ................................... 1124 1. JUSTIFICATION FOR THE COMPLEMENTARY TAX: ONE-SIDED TAX BURDEN . -
13-485 Comptroller of Treasury of MD. V. Wynne (05/18/2015)
(Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus COMPTROLLER OF THE TREASURY OF MARYLAND v. WYNNE ET UX. CERTIORARI TO THE COURT OF APPEALS OF MARYLAND No. 13–485. Argued November 12, 2014—Decided May 18, 2015 Maryland’s personal income tax on state residents consists of a “state” income tax, Md. Tax-Gen. Code Ann. §10–105(a), and a “county” in- come tax, §§10–103, 10–106. Residents who pay income tax to anoth- er jurisdiction for income earned in that other jurisdiction are al- lowed a credit against the “state” tax but not the “county” tax. §10– 703. Nonresidents who earn income from sources within Maryland must pay the “state” income tax, §§10–105(d), 10–210, and nonresi- dents not subject to the county tax must pay a “special nonresident tax” in lieu of the “county” tax, §10–106.1. Respondents, Maryland residents, earned pass-through income from a Subchapter S corporation that earned income in several States. Respondents claimed an income tax credit on their 2006 Maryland income tax return for taxes paid to other States. The Mary- land State Comptroller of the Treasury, petitioner here, allowed re- spondents a credit against their “state” income tax but not against their “county” income tax and assessed a tax deficiency. -
Argument of Counsel -- the Measure of Damages for Pain and Suffering
University of Miami Law Review Volume 15 Number 1 Article 6 10-1-1960 Argument of Counsel -- The Measure of Damages for Pain and Suffering J. R. Stewart Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation J. R. Stewart, Argument of Counsel -- The Measure of Damages for Pain and Suffering, 15 U. Miami L. Rev. 85 (1960) Available at: https://repository.law.miami.edu/umlr/vol15/iss1/6 This Comment is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. COMMENT ARGUMENT OF COUNSEL-THE MEASURE OF DAMAGES FOR PAIN AND SUFFERING I. INTRODUCTION It long has been recognized that damages for pain and suffering are not susceptible to exact monetary evaluation.' Because there is no market value2 for such items as pain, suffering, humiliation, ridicule, embarrassment, inability to lead a normal life, and mental anguish, they are difficult to translate into dollars and cents, and a monetary award becomes an arbitrary allowance and not a process of measurement. Consequently, the judge, in his instructions, is unable to give the jury a firm standard upon which to base their decision,3 but can only charge that in determining a proper award they resort to their own knowledge of these matters and to their enlightened conscience. 4 The purpose of this comment is to examine the approaches an attorney may utilize properly in arguing the amount of these damages to the jury. -
Evansville-Vanderburgh Airport Authority Dist. V. Delta Airlines, Inc., 405 U.S
Florida State University Law Review Volume 1 Issue 2 Article 6 1973 Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707 (1972) Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Constitutional Law Commons Recommended Citation Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707 (1972), 1 Fla. St. U. L. Rev. 354 (1973) . https://ir.law.fsu.edu/lr/vol1/iss2/6 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FloridaState University Law Review [VOL 1 signals the judicial recognition in Florida of a valuable scientific de- vice which will aid in identifying the guilty while protecting the innocent.32 Constitutional Law - STATE TAXATION-AIRPORT USE TAXES IMPOSED ON DEPARTING COMMERCIAL AIRLINE PASSENGERS ONLY AS COMPEN- SATION FOR USE OF FACILITIES VIOLATE No FEDERAL CONSTITUTIONAL PROVISIONS.-Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707 (1972). The rapid increase in private and commercial aviation operations' has necessitated concomitant airport development and expansion. One method of generating funds for these purposes is the so-called air- port use tax. Prior to 1972, only Montana, New Hampshire, New Jersey and an Indiana airport authority district had actually imposed such taxes. 2 With slight variations, the tax in each instance took the printed. In such a situation the voiceprint could be excluded as the "fruit" of a con- stitutionally impermissible seizure. -
113 Passenger Train Time Schedules
time time table table Effective Effective October 27, 1968 October 27, 1968 EAT NORTHERN GREAT NORTHERN route of the Western Star route of the Empire Builder Passenger Train GREAT Time Schedules NORTHERN ® TABLE OF CONTENTS Page Page Baggage Handling Information 26 Mail Boxes at Stations 11 Bus Schedules (connecting service) 16 and 17 Map—Great Northern System and Connections 14 and 15 Condensed Schedules of Principal Passenger Trains 4 and 5 Passenger Train Schedules—Detailed 6 thru 13 Connecting Rail and Air Lines. 18, 19 and 20 Rail—Credit Plans 20 Elevation of Stations 2 and 3 Railroad and Pullman Fares: Equipment of Passenger Trains 25 One-way and Round-Trip Rail Fares. 20, 21 and 22 Free Baggage Cart Service 22 Pullman Sleeping Car Fares 23 and 24 Passenger Information 26 Parlor Car and Pullman Seat Fares 23 Great Northern Passenger and Marketing Offices and Coach Seat Charge--(Empire Builder) 24 Representatives 27 and 28 Rent-A-Car Service 10 and 19 Index to Stations 2 and 3 Time Zones 26 Job Opportunities 20 Transfer Service in Chicago. 19 SUGGESTIONS TO HELP YOU READ THIS TIME FOLDER Locate your destination in STATION INDEX contained on pages Time from 12:01 midnight to 12.00 noon is shown by LIGHT 2 and 3. The numbers shown opposite each station indicate the FACE figures; time from 1 2:01 noon to 12:00 midnight by BOLD TIME TABLES in which the train service to each station is shown. FACE figures. Numbers shown opposite station names in certain time tables, as, for example, -Duluth 16, 19- refer to other time tables which Connecting line train and bus schedules appear on pages 13, show connecting or additional train service to such stations. -
Recent Cases: Federal Jurisdiction. Erie Railroad Co. V. Tompkins
RECENT CASES in obtaining support if the husband remarries, since the second wife would be in a better position to get at the husband's assets. Apart from the formal adequacy of the wife's legal remedies, the injunction may nevertheless be necessary to protect the interest of the state in the marriage relation- ship.'9 Although New York courts would not give full faith and credit to the Florida decree, the validity of the decree in New York may never be litigated, for a wife who asks for an injunction may not be willing to bring a declaratory judgment action. In that case, the foreign decree would in effect dissolve the marriage. By deterring the husband from procuring the out-of-state divorce, the injunction serves to prevent the 2 state's interest from so being circumvented. 0 This consideration should be of para- mount importance in New York where the underlying domestic relations policy has been a strict enforcement of marital status, as evidenced by strict divorce laws and refusal to give full faith and credit to "Reno" divorces. Denial of an injunction in the present case stands in marked contrast to this policy. Federal Jurisdiction-Erie Railroad Co. v. Tompkins---"Federal Field" Doctrine- [Federal].-In a suit by an employee against an interstate railroad for back pay, the Supreme Court of Mississippi held that the cause of action was based upon the collec- tive agreement between the Brotherhood of Railroad Trainmen and the railroad, rather than upon the oral contract of employment between the plaintiff employee and the defendant; and that therefore the six-year state statute of limitations was ap- plicable.' Following the remand of the case for trial, plaintiff amended his pleadings so that an amount of more than $3000 was involved, whereupon defendant secured a removal to a federal court. -
CPY Document
55 AUDITOR OF STATE: Motor Fuel Tax Law-failure to regster transporttion equipment subjected foreign cor- poration to penal provisions of Act-Fuel Use Tax Law held constitutional and enforceable by assment and warrt. February 9, 1944. Opinion No. 15 Hon. Richard T. James, Auditor of State, State House, Indianapolis, Indiana. Dear Mr. James: Your letter. of January 6th received in which you request the procedure required in compellng compliance with (a) the Motor Fuel Tax Law, and (b) the Fuel Use Tax Law. Your questions wil be discussed in the order named. The corporation named in your letter is not qualified to do business in Indiana as a foreign corporation according to the records in the offce of the Secretary of State. (a) Your specific question relative to the Motor Fuel Tax Law, which is Chapter 73 of the Acts of 1943, 47-1532 Burns. 1940 Replacement, Supplement, et seq, involves a corporation which has complied with the provisions requiring reports from carriers (47-1546 Burns, supra,), but which has ignored requests for the registration of transportation equipment (47-1545 Burns, supra). You ask what steps should be taken to compel the corporation to comply with said provisions. In answer to your inquiry,jt is my opinion that the corpora- tion's failure to comply with the section relative to the regis- tration of transportation equipment would result in the viola- tor being subject to the general penalty provisions of said Act, to-wit: "* * * "Other Violations. Penalty. Any person violating any of the provisions of this act for -
Recent Cases
Vanderbilt Law Review Volume 26 Issue 1 Issue 1 - January 1973 Article 5 1-1973 Recent Cases Law Review Staff Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Antitrust and Trade Regulation Commons, Constitutional Law Commons, and the Intellectual Property Law Commons Recommended Citation Law Review Staff, Recent Cases, 26 Vanderbilt Law Review 139 (1973) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol26/iss1/5 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. RECENT CASES Antitrust-Horizontal Territorial Restraint-Allocation of Territories Among Members of Cooperative Purchasing Association Is Per Se Violative of Section 1 of the Sherman Act The United States brought suit to enjoin the activities of defendant, a cooperative buying association of small and medium-sized regional supermarket chains,' as unlawful under section 1 of the Sherman Act.2 Defendant obtained merchandise under private label so that member chains, which were allocated exclusive territories3 in which to sell the association's brands, could compete with national and regional chains possessing sufficient economic power to finance their own private label programs.4 The government contended that the horizontal restraints' I. "Topco is a cooperative association of approximately 25 small and medium-sized regional supermarket chains which operate stores in some 33 states. Each of the member-chains operates independently, there is no pooling of earnings, profits, capital, management or advertising re- sources. -
Development of Charleston and the Great Kanawha Valley Cecil Anderson
University of Richmond UR Scholarship Repository Honors Theses Student Research Spring 1937 Development of Charleston and the Great Kanawha Valley Cecil Anderson Follow this and additional works at: http://scholarship.richmond.edu/honors-theses Recommended Citation Anderson, Cecil, "Development of Charleston and the Great Kanawha Valley" (1937). Honors Theses. Paper 335. This Thesis is brought to you for free and open access by the Student Research at UR Scholarship Repository. It has been accepted for inclusion in Honors Theses by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. UNIVERSITY OF RICHMOND LIBRARIES 1111111111111111111111111111111111111111111111111111111111111111 3 3082 01028 4908 DEVELOPMENT CHARLESTON AND THE GREAT KAN.AVJHA VALLEY by Cecil Anclerson History Thesis May 24. i9!9. i ~ t ; : ~ ~ •, ' UN l V El C11 ·; . ~ · • , ; : ., .. : . : 1 i FOREWARD Tha developmen:t. of the Valley of the Great Kanawha~. River has heen rapid ana has not as yet reached its peake in growth. The Valley has been richly endowed ·with abundance of raw mate rial and the facilities for the changing or these materials in ~~ useful commodities. Along with the growth of the industry comes civic' growth and it is these growth that I wish to pre sent in this monograph • .Althllugh much data l!lave accumulated in the form of reports, bulletins, and articles, no available work from which a· true oo.n cept of the past growth and present status may be obta·ined now exists in assembled form. Much of the material I ha;ve gathered have been through visits to vari,us plants and organization and in personal interviews I have gathered what ever I could th!lt is avail a bla for a stu:dy of this kind. -
Details on This Bus. Lie Does Not 'Specificallyizrecallkanyaot-::.--• •
ricaraG; 6:1114 • L FEDERAL BUREAU OF INVESTIGATION • REPORTING OFFICE 01•FICIE OF ORIGIN DATE INVESTIGATIVE PERIOD NEW ORLEANS DALLAS 12/36 /63 12/5-13/63 I • TITLE OF CASE REPORT MADE BY TYPED BY AsTEPHEN M. CALLENDER /ush LEE HARVEY 'QVIALD, aka. CHARACTER OF CASE INTERNAL SECURITY.- R •(` REFERENCES: Little Rock teletype to- Directors_ 12/6/63. Newark teletype to Director, 12/X63. a. Dallas airtel to New Orleans, 12/7/63. Report of SA STEPHEN M. CALLENDER, 12/12/63, at New Orleans. • - P - LEADS No leads are being set forth in this report since lead e being handled immediately upon receipt. Pr 41' 4/tokv. A- (-9 -tier P-t' e is 4 corL1--,rLi,Tnay137,___, 4 c 0 " 3 v i= ti '141973 SPECIAL AGENT APPROVED IN CHARGE DO NOT WRITE IN SPACES SELO COPIES MADE: Bureau 1105-82559RM 3 - Dallas 100-10461 RM 2 - NewSTleans (100-16601) C 01 Liz'? _ • .; I Pd.: it a t; 963 C 4.4.141 1' ': /5- /e 6, DISSEMINATION RECORD OF TACHED REPORT NOTATIONS AGENCY--- Lt RV:WIEST RECD.. DATE FWD. NOW . awserompre •wwws wan R-46/414–I •• • • .4. • .!.; NO (100-16601) /sw/bap • • ' rY sktk • _ - • '- .•• INFORMANTS: ' 4 - - • " • )4t j 7- XD ITT .WHERE LOCATED r • NC) T-/ is Newark- teletrie'to New Jerssyl!!!!!!!"1!!!!!!!!!! Director,-12/6/63, Dover, New Jsrmey, wtose identity Orleamtl_file 602.:1,uld be protected because of his 1.pesition. .• NO T- is 1111311.11111.111111.11111.1. Little Rock teletype'' 6.?-it.hT^st Bell Tel11;:.one ' to Director, 12/6/63,-_. -
A Requiem for the Sudden Emergency Doctrine - Knapp V
Mississippi College Law Review Volume 2 Issue 3 Article 6 6-1-1981 Torts - A Requiem for the Sudden Emergency Doctrine - Knapp v. Stanford Timothy Lee Murr Follow this and additional works at: https://dc.law.mc.edu/lawreview Custom Citation 2 Miss. C. L. Rev. 305 (1980-1982) This Case Note is brought to you for free and open access by MC Law Digital Commons. It has been accepted for inclusion in Mississippi College Law Review by an authorized editor of MC Law Digital Commons. For more information, please contact [email protected]. TORTS-A REQUIEM FOR THE SUDDEN EMERGENCY DOCTRINE-Knapp v. Staqford, 392 So. 2d 196 (Miss. 1980). On December 31, 1977, at eleven o'clock p.m., a one vehi- cle auto accident occurred in which James Stanford was the owner and operator of the automobile. The passenger, Robert Knapp, sustained serious personal injuries. The accident hap- pened as the vehicle approached a sweeping left curve. The vehicle's right wheel left the pavement's right edge and slid onto the shoulder for approximately three or four seconds. Without braking, Stanford attempted to bring the vehicle back onto the hard surfaced road, which was six to eight inches above the shoulder due to recent road construction. The right wheels hung on the raised edge and caused the driver to lose control. The vehicle went into a spin, crossed the highway, turned over two or three times and came to rest in a ditch on the left side of the highway.1 While the resulting injuries to Robert Knapp were not disputed, the parties differed as to the cause of the accident.2 At trial for the recovery of Knapp's personal injuries, Stan- ford requested and was granted a jury instruction commonly referred to as the "sudden emergency" instruction.3 The jury 1. -
Record No. 3186
Record No. 3186 In the Supren1e Court of Appeals of Virginia at Richmond VIRGINIA ST AGE LINES, INC., V. COMMONWEALTH OF, VIRGINIA, ETC. FROM 1'F1 I~ S'J'ATE COR.P OR,\ TlON COMMISSION OF VIBOlNIA, RULE 14. ~5. N Ul\lBER OF COPms ·1·0 n~ P rum AND D ELIVF.Rl•:O TO Orros I~G Cou~sm.. Twenty <.:opiC>s of earb brief shall be filed with the cl('rk of the eourt, and nt least two copies mailed or de livered to opposing counsC'l 011 or before the clay on wltid1 the brief is fi led. ~.G. S1 zr-: A~'i) 'fYPF. Bric>fs 8-hall lie nine inehes in length ::md six inches in width, so as to <·onforrn in dimensions to t he printc•d re('ord, a nd ~lrnll he pl'intt1 d in type not less in size, ns to height a nd wid U1, than the• type in wltieli the reeonl is printc•tl. The record umubc>r of the. case and 1rnmes. of coun sel shall he pr inted OH 1hL' front <:'O\'C' t' of all brief~. :i\I. B. \\TNl'TS, Clerk. Court opens at S :30 a. m. ; Adjourns at 1 :00 p. m. 11, VA-JObfo RULE 14-BRIEFS 1. Form and contents of a ppellant's brief. T h e ope n ing brief o f t he appellan t ( or the petit ion for appeal wl!c u adopted as the opening brief) shall con tain : (a) A s u bjec t inc.lex and tal1lc oi c ita t ions w ith cas es alphabetically arranged.