Westlaw Search Results On Balkanize, Balkanizing, Balkanization

Alves Jr, Sergio 04/19/2014
For Educational Use Only

List of 10 results for balkanize
2014 Thomson Reuters. No claim to original U.S. Government Works. 1
1. Bartlett v. Strickland
Supreme Court of the United States March 09, 2009 556 U.S. 1 129 S.Ct. 1231
GOVERNMENT - Elections. Voting Rights Act did not require accommodation of minority voters' potential for
electing candidate with support of crossover voters.
... Racial gerrymandering, even for remedial purposes, may balkanize us into competing racial factions; it threatens to
carry us further from the goal of a political system in which race no longer mattersa goal that the Fourteenth and Fifteenth
Amendments embody, and to which the Nation continues to aspire. ...
2. Crawford-El v. Britton
Supreme Court of the United States May 04, 1998 523 U.S. 574 118 S.Ct. 1584
CIVIL RIGHTS - Immunity. Clear and convincing evidence of improper motive not required to defeat official's
summary judgment motion.
...This result also threatens to Balkanize the rule of qualified immunity....
3. Miller v. Johnson
Supreme Court of the United States June 29, 1995 515 U.S. 900 115 S.Ct. 2475
GOVERNMENT - Redistricting. Georgia's congressional redistricting plan violates the equal protection clause.
Amendments embody, and to which the Nation continues to aspire....
4. Johnson v. De Grandy
Elections. There was no vote dilution in legislative districts which created majority-minority districts in proportion
to minority voting strength in the county.
... And last Term in Shaw, we voiced our agreement with these sentiments, observing that [r]acial gerrymandering, even for
remedial purposes, may balkanize us into competing racial factions; it threatens to carry us further from the goal of a political
system in which race no longer mattersa goal that the Fourteenth and Fifteenth Amendments embody, and to which the
Nation continues to aspire. ...
5. Holder v. Hall
Voting Rights. Plaintiff could not maintain vote dilution challenge to size of government body such as county
commission.
... See also id., at 657, 113 S.Ct., at 2832 (noting that racial gerrymandering may balkanize us into competing racial
factions)....
6. Shaw v. Reno
List of 10 results for balkanize
Elections. Allegations of racial gerrymandering stated claim under equal protection clause in action challenging
redistricting legislation.
Amendments embody, and to which the Nation continues to aspire....
7. Anderson v. Creighton
Suit was brought against FBI agent seeking damages resulting from warrantless search of residents' home. The
United States District Court for the District of Minnesota, Diana E. Murphy, J., granted summary judgment in
favor of agent, and residents appealed. The Court of Appeals for the Eighth Circuit, 766 F.2d 1269, reversed
and...
... We are unwilling to Balkanize the rule of qualified immunity by carving exceptions at the level of detail the Creightons
propose....
8. Alabama v. Battles
Supreme Court of the United States June 08, 1981 452 U.S. 920 101 S.Ct. 3059 (Mem)
Facts and opinion, 389 So.2d 957; Ala., 389 So.2d 960.
... In Doran, we took pains to emphasize that the purpose of the Extradition Clause was to preclude any state from becoming
a sanctuary for fugitives from justice of another state and thus balkanize the administration of criminal justice among the
several states. ...
9. Michigan v. Doran
Supreme Court of the United States December 18, 1978 439 U.S. 282 99 S.Ct. 530
Defendant petitioned for writ of habeas corpus attacking the validity of governor's extradition warrant. The
Michigan Supreme Court, 401 Mich. 235, 258 N.W.2d 406, reversed the denial of habeas relief and ordered
respondent's release on the ground that Arizona failed to show a factual basis for its finding of probable cause
to...
... The purpose of the Clause was to preclude any state from becoming a sanctuary for fugitives from justice of another state
and thus balkanize the administration of criminal justice among the several states....
...Purpose of the extradition clause was to preclude any state from becoming a sanctuary for fugitives from the justice of
another state and thus balkanize the administration of criminal justice among the several states; it articulated, in mandatory
language, the concepts of comity and full faith and credit. U.S.C.A.Const. art. 4, 1, 2, cl. 2....
10. Nader v. Allegheny Airlines, Inc.
Airline passenger, whose confirmed reservation was not honored because air carrier had overbooked flight,
and organization at whose rally passenger was to appear, brought action against carrier for compensatory
and punitive damages. The United States District Court for the District of Columbia, 365 F.Supp. 128, entered
judgment for plaintiff, and...
List of 4 results for balkanizing
1. Granholm v. Heald
GOVERNMENT - Liquor. State restrictions on direct shipment of out-of-state wine to consumers violated
Commerce Clause
... Indeed, they expressly authorized the balkanization that today's decision condemns....
... The notion that discriminatory state laws violated the unwritten prohibition against balkanizing the American economy
while persuasive in contemporary times when alcohol is viewed as an ordinary article of commercewould have seemed
strange indeed to the millions of Americans who condemned the use of the demon rum in the 1920's and 1930's....
2. Bush v. Vera
Supreme Court of the United States June 13, 1996 517 U.S. 952 64 USLW 4452
GOVERNMENT - Reapportionment. Texas' redistricting plan for three new majority-minority districts was
unconstitutional.
... By contrast, none of this political maneuvering will be permissible for majority-minority districts, thereby segregating and
balkanizing them far more effectively than the districts at issue here, in which they were manipulated in the political process
as easily as white voters....
4. Duckworth v. Arkansas
Supreme Court of the United States. December 15, 1941 314 U.S. 390 62 S.Ct. 311
Appeal from the Supreme Court of the State of Arkansas. Jim Duckworth was convicted of transporting
intoxicating liquor through the State of Arkansas without a permit from the Commissioner of Revenue, and from
a judgment of the Supreme Court of Arkansas, 201 Ark. 1123, 148 S.W.2d 656, affirming his conviction, he
appeals on ground that the Arkansas...
...The practical result is that in default of action by us they will go on suffocating and retarding and Balkanizing American
commerce, trade and industry....
List of 24 results for balkanization
1. Department of Revenue of Ky. v. Davis
TAXATION - Dormant Commerce Clause. Exempting interest on state's bonds, but not other states', from state
income tax did not violate dormant Commerce Clause.
...The law has had to respect a cross-purpose as well, for the Framers' distrust of economic Balkanization was limited by their
federalism favoring a degree of local autonomy....
...Putting to one side cases in which a State may create a market that did not previously exist, see Hughes v. Alexandria
Scrap Corp., 426 U.S. 794, 815, 96 S.Ct. 2488, 49 L.Ed.2d 220 (1976) (STEVENS, J., concurring), I agree with Justice
Powell's view that when a State enters the private market and operates a commercial enterprise for the advantage of its
private citizens, it may not evade the constitutional policy against economic Balkanization. ...
2. United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Authority
Supreme Court of the United States April 30, 2007 550 U.S. 330 127 S.Ct. 1786
ENVIRONMENTAL LAW - Solid Waste. County flow control ordinances that favored public benefit corporation
did not violate dormant Commerce Clause.
... More recently, the Court has struck down state laws sometimes based on its preference for national unity, see, e.g.,
American Trucking Assns., Inc. v. Michigan Pub. Serv. Comm'n, 545 U.S. 429, 433, 125 S.Ct. 2419, 162 L.Ed.2d 407 (2005)
(justifying the nondiscrimination rule by stating that [o]ur Constitution was framed upon the theory that the peoples of the
several states must sink or swim together (internal quotation marks omitted)), and other times on the basis of antiprotectionist
sentiment, see, e.g., Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore., 511 U.S. 93, 98, 114 S.Ct.
1345, 128 L.Ed.2d 13 (1994) (noting the interest in avoid[ing] the tendencies toward economic Balkanization...
3. Granholm v. Heald
GOVERNMENT - Liquor. State restrictions on direct shipment of out-of-state wine to consumers violated
Commerce Clause
... Indeed, they expressly authorized the balkanization that today's decision condemns....
... The notion that discriminatory state laws violated the unwritten prohibition against balkanizing the American economy
while persuasive in contemporary times when alcohol is viewed as an ordinary article of commercewould have seemed
strange indeed to the millions of Americans who condemned the use of the demon rum in the 1920's and 1930's....
4. Camps Newfound/Owatonna, Inc. v. Town of Harrison, Me.
TAXES - Real Property. Property tax exemption that favored charitable institutions serving state residents
violated commerce clause.
...[5]Avoiding this sort of economic Balkanization, Hughes v. Oklahoma, 441 U.S., at 325, 99 S.Ct., at 1731, and
the retaliatory acts of other States that may follow, is one of the central purposes of our negative Commerce Clause
jurisprudence....
5. Shaw v. Hunt
North Carolina residents brought action against the United States Attorney General, Assistant Attorney General,
and various state officials and agencies challenging congressional redistricting plan as containing impermissible
racial gerrymandering. A three-judge panel of the United States District Court for the Eastern District of North...
... As I have pointed out, all voters in North Carolina would seem to be equally affected by the messages of balkanization
or racial apartheid that racially gerrymandered maps supposedly convey, cf. Davis, 478 U.S., at 153, 106 S.Ct., at 2821
(O'CONNOR, j., concurring in judgment)....
6. Fulton Corp. v. Faulkner
Supreme Court of the United States February 21, 1996 516 U.S. 325 116 S.Ct. 848
TAXES - Intangibles. North Carolina's intangibles tax levied on ownership of corporate stock violated dormant
commerce clause.
... As we explain further, supra, at 855856, such promotion of in-state markets at the expense of out-of-state ones furthers
the economic Balkanization that our dormant Commerce Clause jurisprudence has long sought to prevent....
7. Oklahoma Tax Com'n v. Jefferson Lines, Inc.
Sales Tax. Oklahoma's sales tax on full price of ticket for bus travel from Oklahoma to another state did not
violate dormant commerce clause.
... The provision thus reflect[s] a central concern of the Framers that was an immediate reason for calling the Constitutional
Convention: the conviction that in order to succeed, the new Union would have to avoid the tendencies toward economic
Balkanization that had plagued relations among the Colonies and later among the States under the Articles of
Confederation....
8. C & A Carbone, Inc. v. Town of Clarkstown, N.Y.
Interstate Commerce. Town's solid waste ordinance violated interstate commerce clause.
... Indeed, pervasive flow control would result in the type of balkanization the Clause is primarily intended to prevent....
9. Oregon Waste Systems, Inc. v. Department of Environmental Quality of State of Or.
Waste Disposal. Discriminatory surcharge on disposal of out-of-state solid waste violated commerce clause.
... The Framers granted Congress plenary authority over interstate commerce in the conviction that in order to succeed,
the new Union would have to avoid the tendencies toward economic Balkanization that had plagued relations among the
Colonies and later among the States under the Articles of Confederation. ...
10. CTS Corp. v. Dynamics Corp. of America
Supreme Court of the United States April 21, 1987 481 U.S. 69 55 USLW 4478
Tender offeror brought suit to enjoin enforcement of Indiana's statute regulating takeovers. Target company
counterclaimed seeking injunction against tender offer. The United States District Court for the Northern District
of Illinois, Eastern Division, 637 F.Supp. 389,637 F.Supp. 406, Susan Getzendanner, J., issued a series of...
...The Commerce Clause was included in our Constitution by the Framers to prevent the very type of economic protectionism
Indiana's Control Share Acquisitions Chapter represents: The few simple words of the Commerce ClauseThe Congress
shall have Power # To regulate Commerce # among the several States #reflected a central concern of the Framers that
was an immediate reason for calling the Constitutional Convention: the conviction that in order to succeed, the new Union
would have to avoid the tendencies toward economic Balkanization that had plagued relations among the Colonies and later
among the States under the Articles of Confederation. ...
11. Wardair Canada, Inc. v. Florida Dept. of Revenue
Canadian airline filed complaint challenging constitutionality of Florida statute providing for state sales tax
on sale of aviation fuel. The Circuit Court, Leon County, Ben C. Willis, J., upheld statute. The Department of
Revenue appealed, and the airline cross-appealed. The District Court of Appeal certified the case to the Florida
Supreme Court....
... As we have previously observed: The few simple words of the Commerce Clause # reflected a central concern of the
Framers that was an immediate reason for calling the Constitutional Convention: the conviction that in order to succeed,
the new Union would have to avoid the tendencies toward economic Balkanization that had plagued relations among the
Colonies and later among the States under the Articles of Confederation. ...
12. Northeast Bancorp, Inc. v. Board of Governors of Federal Reserve System
Review was sought of orders of the Federal Reserve Board approving applications by out-of-state companies
for acquisition of bank holding companies in Massachusetts and Connecticut. The Court of Appeals for the
Second Circuit, Bonsal, District Judge of the Southern District of New York, sitting by designation, 740 F.2d 203,
affirmed....
... They provide numerous citations to prove that one of the principal purposes of the Framers of the Constitution was to break
up and forestall precisely this type of economic Balkanization into confederations of States to the detriment of the welfare of
the Union as a whole....
13. Bacchus Imports, Ltd. v. Dias
Supreme Court of the United States June 29, 1984 468 U.S. 263 82 L.Ed.2d 200
Constitutionality of the Hawaii Liquor Tax, a 20% excise tax imposed on sales of liquor at wholesale, but
exempting from the tax certain locally produced alcoholic beverages was upheld by the Supreme Court of
Hawaii, 65 Hawaii 566, 656 P.2d 724. The United States Supreme Court noted probable jurisdiction, 103 S.Ct.
3109, and the Supreme Court,...
...It is also beyond doubt that the Commerce Clause itself furthers strong federal interests in preventing economic
Balkanization....
...Commerce clause itself furthers strong federal interests in preventing economic Balkanization. U.S.C.A. Const. Art. 1, 8,
cl. 3....
14. South-Central Timber Development, Inc. v. Wunnicke
Alaskan timber purchaser and shipper brought action challenging Alaska's requirement that timber taken
from state lands be processed within the state prior to export. The United States District Court for the District
of Alaska, James A. von der Heydt, Chief Judge, 511 F.Supp. 139, found the requirement violative of the
commerce clause, and Alaska...
...The Commerce Clause was designed to avoid the tendencies toward economic Balkanization that had plagued relations
among the Colonies and later among the States under the Articles of Confederation....
15. United Bldg. and Const. Trades Council of Camden County and Vicinity v. Mayor and Council of
City of Camden
Supreme Court of the United States February 21, 1984 465 U.S. 208 104 S.Ct. 1020
Association of labor organizations representing private employees in building and construction trades filed
appeal challenging New Jersey Treasury Department's approval of municipal ordinance requiring that at least
40% of employees of contractors and subcontractors working on city construction projects be city residents. The
New Jersey...
... The fact that no State has attempted anything resembling the Court's proposed maneuver in the two centuries since the
adoption of the Clause, despite the fact that none of this Court's precedents has foreclosed the option, strongly suggests that
state political processes can be trusted to prevent this kind of Balkanization....
16. Commonwealth Edison Co. v. Montana
Supreme Court of the United States July 02, 1981 453 U.S. 609 40 P.U.R.4th 159
Montana coal producers and out-of-state utility customers brought suit challenging the constitutionality of
Montana's severance tax on coal mined in the state, including coal mined on federal land, and seeking refund
of taxes paid under protest. The District Court, Lewis and Clark County, upheld the tax, and plaintiffs appealed.
The...
... This case poses extremely grave issues that threaten both to polarize the Nation, see H.R.Rep.No.961527, pt. 1, p.
2 (1980), and to reawaken the tendencies toward economic Balkanization that the Commerce Clause was designed to
remedy....
17. Reeves, Inc. v. Stake
Wyoming ready-mix concrete distributor sued South Dakota Cement Commission challenging, as violative of
commerce clause, the state's policy, as applied in time of shortage, of confining the sale of cement produced
at state-owned plant solely to state residents. The United States District Court for the District of South Dakota,
Andrew W....
... If, however, the State enters the private market and operates a commercial enterprise for the advantage of its private
citizens, it may not evade the constitutional policy against economic Balkanization....
18. Hughes v. Oklahoma
Defendant was convicted in an Oklahoma state court of unlawfully transporting for sale outside the state
minnows which were seined or procured within the waters of Oklahoma. The Court of Criminal Appeals
affirmed, 572 P.2d 573. The Supreme Court noted probable jurisdiction, and the Supreme Court, Mr. Justice
Brennan,...
... And this is true no matter how Balkanized the resulting pattern of commercial activity....
...The few simple words of the Commerce ClauseThe Congress shall have Power ### To regulate Commerce ###
among the several States ###reflected a central concern of the Framers that was an immediate reason for calling the
Constitutional Convention: the conviction that in order to succeed, the new Union would have to avoid the tendencies toward
economic Balkanization that had plagued relations among the Colonies and later among the States under the Articles of
Confederation....
19. Nevada v. Hall
Plaintiffs, who sustained personal injuries resulting from collision between vehicle occupied by plaintiffs and
vehicle driven by employee of University of Nevada, brought action against University of Nevada and State of
Nevada. The Superior Court, Alameda County, entered judgment in amount of $1,150,000 in favor of plaintiff,...
... This decision cannot help but induce some Balkanization in state relationships as States try to isolate assets from foreign
judgments and generally reduce their contacts with other jurisdictions....
20. Douglas v. Seacoast Products, Inc.
Supreme Court of the United States May 23, 1977 431 U.S. 265 7 Envtl. L. Rep. 20,442
Holders of licenses under the federal enrollment and licensing law brought suit challenging validity of Virginia
statute prohibiting federally licensed vessels owned by nonresidents of Virginia from fishing in Chesapeake Bay
and prohibiting ships owned by noncitizens to catch fish anywhere in the Commonwealth. A three-judge District
Court for the...
...This is true no matter how peripatetic the objects of the regulation or however Balkanized the resulting pattern of
commercial activity....
...Such proliferation of residency requirements for commercial fishermen would create precisely the sort of Balkanization of
interstate commercial activity that the Constitution was intended to prevent....
21. Douglas v. Seacoast Products, Inc.
SUPREME COURT OF THE UNITED STATES May 23, 1977 431 U.S. 265 97 S.Ct. 1740
On appeal from the United States District Court for the Eastern District of Virginia. Affirmed. The issue in this
case is the validity of two Virginia statutes that limit the right of nonresidents and aliens to catch fish in the
territorial waters of the Commonwealth. I. Persons or corporations wishing to fish commercially in Virginia must
obtain...
...This is true no matter how peripatetic the objects of the regulation nor however balkanized the resulting pattern of
commercial activity....
...Proliferation of residency requirements for commercial fishermen would create precisely the sort of Balkanization of
interstate commercial activities which the Constitution was intended to prevent....
23. People of State of N. Y. v. O'Neill
Proceeding under the Florida Uniform Law to Secure the Attendance of Witnesses from Within or Without a
State in Criminal Proceedings. The Florida Supreme Court, 100 So.2d 149, affirmed judgment of lower court,
which had held statute unconstitutional, and certiorari was granted. The United States Supreme Court, Mr.
Justice...
...The privilege was to prevent the walling off of States, what has been called the Balkanization of the Nation....
...The right to ingress and egress which is a privilege of national citizenship protected by the Fourteenth Amendment was
intended to prevent the walling off of states, what has been called the Balkanization of the Nation. U.S.C.A.Const. Amend.
14....
24. H. P. Hood & Sons, Inc. v. Du Mond
Proceeding in the matter of the application of H. P. Hood & Sons, Inc., to review determination of C. Chester
DuMond, as Commissioner of Agriculture and Markets of the State of New York, which granted petitioner a milk
dealer's renewal license to operate three milk plants in New York, but which denied application for a license to
establish and...
...7 To them the spectre of Bureaucracy is more frightening than Balkanization....
...It requires more than invocation of the spectre of Balkanization and eulogy of the Constitution's framers to prove that there
is a gnat's heel difference in the burdens imposed on commerce by the two laws....

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