Selection and Confirmation of Federal Judges: Hearing Before the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, First Session ....

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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.
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 282 - 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 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 156 - 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 247 - 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 191 - Defendant claims that the complaint fails to state a cause of action upon which relief can be granted because the substance, being natural to the product, does not constitute a breach of warranty.
Page 170 - Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations. 413 US 376, 93 S.Ct.
Page 43 - Corrections" which was the major task force report of the National Advisory Commission on Criminal Justice Standards and Goals in 1973.

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