Constitutional Problems in Automobile Accident Compensation ReformDepartment of Transportation, Automobile Insurance and Compensation Study, 1970 - 94 halaman |
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accident loss compensation adopted American Insurance American Insurance Association amount analogy Arizona Employers auto automobile accident loss automobile accident victims automobile insurance Basic Protection Insurance Basic Protection Plan benefits Bill of Rights claims commerce clause commerce power common law common law rights compensation for automobile compensation system CONARD Congressional consti constitutional constitutionality costs of automobile damages drivers due process clause due process concept economic loss enact equal protection clause evils expenditures Family Finance Corp fault federal legislation Fifth Amendment Fourteenth Amendment held highway interests judicial jury trial KALVEN KEETON Keeton-O'Connell plan legislature limitation ment motor vehicle national economy necessary-and-proper clause no-fault O'CONNELL pain and suffering pensation present system process of law proposed question reasonable reform right to jury Seventh Amendment Stat state's statute Steward Machine Co Supp supra note Supreme Court tion tort system trial by jury tution United validity victims of automobile violate welfare Workmen's Compensation
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Halaman 21 - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.
Halaman 20 - What is this but declaring that the law in the States shall be the same for the black as for the white ; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color?
Halaman 26 - equal protection of the laws" is a more explicit safeguard of prohibited unfairness than "due process of law," and, therefore, we do not imply that tbe two are always interchangeable phrases.
Halaman 22 - In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case.
Halaman 20 - It ordains that no State shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States. ... It ordains that no State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws.
Halaman 31 - If the employee is no longer able to recover as much as before in case of bt-ing injured through the employer's negligence, he is entitled to moderate compensation in all cases of injury, and has a certain and speedy remedy without the difficulty and expense of establishing negligence or proving the amount of the damages.
Halaman 24 - Once the geographical unit for which a representative is to be chosen is designated, all who participate in the election are to have an equal vote — whatever their race, whatever their sex, whatever their occupation, whatever their income, and wherever their home may be in that geographical unit. This is required by the Equal Protection Clause of the Fourteenth Amendment. The concept of "we the people...
Halaman 20 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns...
Halaman 42 - It is clear that the cause of action is one which "arises under" the Federal Constitution. The complaint alleges that the 1901 statute effects an apportionment that deprives the appellants of the equal protection of the laws in violation of the Fourteenth Amendment.
Halaman 6 - This court has always declined to give a comprehensive definition of it, and has preferred that its full meaning should be gradually ascertained by the process of inclusion and exclusion in the course of the decisions of cases as they arise.