Legal Opinion

Marshall v. Jerrico, Inc.

Supreme Court of the United States

Decided April 28, 1980No. 79-253PublishedCited by 595 opinions

1Opinion of the CourtJustice Marshall

Under § 16 (e) of the Pair Labor Standards Act, 29 U. S. C. § 216 (e), sums collected as civil penalties for the unlawful employment of child labor are returned to the Employment Standards Administration (ESA) of the Department of Labor in reimbursement for the costs of determining violations and assessing penalties. The question for decision is whether this provision violates the Due Process Clause of the Fifth Amendment by creating an impermissible risk of bias in the Act’s enforcement and administration.

I

The child labor provisions of federal law are primarily contained in § 12 of the Fair…

2Cases cited27 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Vaca v. SipesSupreme Court of the United States · 1967
  4. Berger v. United StatesSupreme Court of the United States · 1935
  5. Carey v. PiphusSupreme Court of the United States · 1978

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3Cited by595 opinions

  1. Wayte v. United StatesSupreme Court of the United States · 1985
  2. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  3. Great Western Mining & Mineral Co. v. Fox Rothschild LLPCourt of Appeals for the Third Circuit · 2010
  4. Emil Jutrowski v. Township of RiverdaleCourt of Appeals for the Third Circuit · 2018
  5. Young v. United States Ex Rel. Vuitton Et Fils S. A.Supreme Court of the United States · 1987

590 more not listed; retrieve them via the Exa API.

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