KIRCHBERG

v.

FEENSTRA ET AL.

Citator

Cited By (46 total)

• Huddleston v. Herman & MacLEAN, 640 F.2d 534 (5th Cir. 1981)
  …s Corp., 569 F. 2d 181, 186 (2d Cir. 1977) (New York law). See generally 9 Wigmore, Evidence § 2498, at 329 (3d ed. 1940). . The Supreme Court recently affirmed this court’s refusal in Steadman v. SEC, 603 F. 2d 1126 (5th Cir. 1979), cert. granted, 446 U.S. 917, 100 S.Ct. 1849-50, 64 L.Ed.2d 271 (1980), to impose the higher “clear and convincing” burden of proof upon the SEC in its agency determinations of anti-fraud securities laws violations. Steadman v. SEC, - U.S. -, 101 S.Ct. 999, 67 L.Ed.2d 69 (1981)…
• Steadman v. Sec. & Exch. Comm'n, 450 U.S. 91 (U.S. 1981)
  …t of Appeals for the District of Columbia Circuit, see Whitney v. SEC, 196 U. S. App. D. C. 12, 604 F. 2d 676 (1979); Collins Securities Corp. v. SEC, 183 U. S. App. D. C. 301, 562 F. 2d 820 (1977), we granted certiorari to resolve the conflict. 446 U. S. 917 (1980). We affirm. II Where Congress has not prescribed the degree of proof which must be adduced by the proponent of a rule or order to carry its burden of persuasion in an administrative proceeding, this Court has felt at liberty to prescribe t…
• Kirchberg v. Feenstra, 450 U.S. 455 (U.S. 1981)
  …y rights and obligations within the State of Louisiana,” the decision was limited to prospective application. 609 F. 2d 727, 735-736 (1979). Only Kirchberg appealed the judgment of the Court of Appeals to this Court. We noted probable jurisdiction. 446 U. S. 917 (1980).6 II By granting the husband exclusive control over the disposition of community property, Art. 2404 clearly embodies the [*460] type of express gender-based discrimination that we have found unconstitutional absent a showing that the class…