HASTINGS, JUDGE, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

v.

JUDICIAL CONFERENCE OF THE UNITED STATES ET AL.

Citator

Cited By (16 total)

• Mistretta v. United States, 488 U.S. 361 (U.S. 1989)
  …., 481 U. S. 787 (1987). See also In re Certain Complaints Under Investigation, 783 F. 2d 1488, 1505 (CA11) (upholding statute authorizing judicial council to investigate improper conduct by federal judge), cert. denied sub nom. Hastings v. Godbold, 477 U. S. 904 (1986). Indeed, had Congress decided to confer responsibility for promulgating sentencing guidelines on the Executive Branch, we might face the constitutional questions whether Congress unconstitutionally had assigned judicial responsibilities to t…
• Massachusetts v. Morash, 490 U.S. 107 (U.S. 1989)
  …e creation of a separate fund to pay employees vacation benefits would subject a single employer to the regulatory provisions of ERISA. See California Hospital Assn. v. Henning, 770 F. 2d 856, 861 (1985), modified, 783 F. 2d 946 (CA9), cert. denied, 477 U. S. 904 (1986).9 We do not believe, however, that the policy here to pay employees for unused vacation time constitutes an employee welfare benefit plan. The interpretation of §3(1) is governed by the familiar principles that “ ‘words grouped in a list sho…

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• United States v. Frank, 864 F.2d 992 (3d Cir. 1988)
  …appointment of supervisor of election upheld); Wayman v. Southard, 23 U.S. (10 Wheat.) 1, 43, 6 L.Ed. 253 (1825) (judicial procedural rulemaking upheld); In Matter of Certain Complaints Under Investigation, 783 F. 2d 1488 (11th Cir.), cert. denied, 477 U.S. 904, 106 S.Ct. 3273, 91 L.Ed.2d 563 (1986) (judicial investigation of conduct of judge upheld). Given this history, had Congress decided to impose the task of developing sentencing guidelines on the federal courts as such, a strong argument could be m…