Board of review

“ Congress thought the board of review could modify sentences when appropriate more expeditiously, more intelligently, and more fairly. Acting on a national basis the board of review can correct disparities in sentences and through its legally-trained personnel determine more appropriately the proper disposition to be made of the cases. Congress must have known of the problems inherent in rehearing and review proceedings for the procedures were adopted largely from prior law. ”

“ There is no more reason for court review prior to an election than for court review prior to a hearing. But if subsequently the Board makes an order predicated upon the election, such as an order to bargain collectively with elected representatives, then the entire election procedure becomes part of the record upon which the order of the Board is based, and is fully reviewable by any aggrieved party in the Federal courts in the manner provided in section 10. And this review would include within its scope the action of the Board in determining the appropriate unit for purposes of the election. ”

“ Furthermore, from 1948 through 1952, in each of the Annual Reports of the Civil Service Commission, the results of the Review Board's post-audit actions under Regulation 14 were unmistakably recorded. [1] These reports were submitted to the President pursuant to statutory requirement. [2] In addition to stating annual data on general post-audit reviews (more than 5,000 in 1952) , the reports clearly indicated that the Board was rehearing cases on its own motion, such as the present, where the decision of the agency loyalty board had been favorable to the employee. ”

“ The very nature of the arguments indicates that the Board's choice of its proposed ballot is not subject to judicial review, for it was to avoid the haggling and delays of litigation that such questions were left to the Board. These are matters for Congress and the Board rather than the courts. Here the Board-a creature of Congress-has been, as we have said, careful to provide fair, yet effective, procedures and we feel certain that it will continue to do so. If its decision on the ballot is not acceptable, the place to go is to Congress, not to us. ”

“ The Board, in addition to various supervisory functions, was authorized 'to review cases involving persons recommended for dismissal * * * by the loyalty board of any department or agency * * *.' The standard for removal prescribed by the Order was whether, 'on all the evidence, reasonable grounds exist for belief that the person involved is disloyal to the Government of the United States.' This standard was amended on April 28, 1951. ”

“ One need not italicize 'final' to make final mean final, when nowhere in the Act is there any derogation of this Congressional command of finality to 'the decisions of such local boards,' subject only to reviewability within the Selective Service System.
But if one goes beyond the meaning that the text spontaneously yields, all other relevant considerations only confirm what the text expresses. To allow judicial review of a board's decision on classification is not to respect the context of purpose into which a specific provision of a law is properly placed. ”

“ The bill as reported to the House provided that the 'findings of the Board as to the facts shall be conclusive unless it is made to appear to the satisfaction of the court either (1) that the findings of fact are against the manifest weight of the evidence, or (2) that the findings of fact are not supported by substantial evidence.' [19] The bill left the House with this provision. Early committee prints in the Senate provided for review by 'weight of the evidence' or 'clearly erroneous' standards. ”

“ Much as we respect the logical acumen of the Chief Judge of the Court of Appeals, we do not find ourselves pinioned between the horns of his dilemma.
We are aware that to give the examiner's findings less finality than a master's and yet entitle them to consideration in striking the account, is to introduce another and an unruly factor into the judgmatical process of review. But we ought not to fashion an exclusionary rule merely to reduce the number of imponderables to be considered by reviewing courts. ”

“ Congress has long delegated to executive officers or executive agencies the determination of complicated questions of fact and of law. And where no judicial review was provided by Congress this Court has often refused to furnish one even where questions of law might be involved. ”

“ It is to ask the Board to show that it has exercised the discretion which it has under the Act. Such insistence on a reasoned decision is a foremost function of judicial review, especially where conflicting significant interests are sought to be accommodated. ”

“ But it is no answer to say that the order under review was 'adjudicatory.' For as my Brother HARLAN says, an agency is not adjudicating when it is making a rule to fit future cases. A rule like the one in Excelsior is designed to fit all cased at all times. It is not particularized to special facts. It is a statement of far-reaching policy covering all future represention elections. ”

“ I do not understand that phrase to prohibit review of a claim, such as that made here by petitioner, that the very statutes or regulations which the Board administers are facially invalid.
'Classification is the key to selection,' 32 CFR § 1622.1 (b) , and among a local Board's most important functions is 'to decide, subject to appeal, the class in which each registrant shall be placed.' 32 CFR § 1622.1 (c) . Classification is a highly individualized process, in which a Board must consider all pertinent information presented to it. ”

“ Whether the imposition of judicial review on top of the Mediation Board's administrative determination would strengthen that protection is a considerable question. [2] All constitutional questions aside, it is for Congress to determine how the rights which it creates shall be enforced. ”

“ Petitioner argues that plenary review by the Board of the regional director's unit determination is necessary at some point. Historically, the representation issue once fully litigated in the representation proceeding could not be relitigated in an unfair labor practice proceeding. ”

“ The pivotal language of § 10 (b) (3) , for present purposes, is the statute's proscription of pre-induction judicial review 'of the classification or processing of any registrant * * *.' I take the phrase 'classification or processing' to encompass the numerous discretionary, factual, and mixed law-fact determinations which a Selective Service Board must make prior to issuing an order to report for induction. ”

“ The objection came too late.
When judicial review is available and under what circumstances, are questions (apart from whatever requirements the Constitution may make in certain situations) that depend on the particular Congressional enactment under which judicial review is authorized. Orders of the National Labor Relations Board are enforceable by decrees of circuit courts of appeals. In such an enforcement proceeding, a court of appeals may enforce or modify or set aside the Board's order. ”

“ Institutions, like other organisms, are predominantly what their past has made them. History provides the ilu minating context within which the implications of present conduct may be known.
Finally, the Party asks that we re-examine the evidence adduced before the Board and review the Board's findings of fact. The Court of Appeals, made thoroughly familiar with this record by three such re-examinations, has held that the Board's conclusions, as expressed in its Modified Report on Second Remand, are supported by a preponderance of the evidence. ”

“ Justification of such an order, which necessarily involves consideration of the facts which are the foundation of the order, is not open for review by a court if no prior objection has been urged before the case gets into court and there is a total want of extraordinary circumstances to excuse 'the failure or neglect to urge such objection.' Congress desired that all controversies of fact, and the allowable inferences from the facts, be threshed out, certainly in the first instance, before the Board. ”

“ Such review is always properly within the judicial province, and courts would abdicate their responsibility if they did not fully review such administrative decisions. Of course due deference is to be rendered to agency determinations of fact, so long as there is substantial evidence to be found in the record as a whole. ”

“ In response to the Office’s citation of relevant case law addressing human authorship, Thaler asserts that “there is no binding authority that prohibits copyright for [computer-generated works] ,” id.; that copyright law already allows non-human entities to be authors under the work made for hire doctrine, id. at 4; and ultimately that the Copyright Office “is currently relying upon non-binding judicial opinions from the Gilded Age to answer the question of whether [computer-generated works] can be protected.” ”

“ Under the 1909 Act, notice was very clearly required to “consist either of the word ‘Copyright’, the abbreviation ‘Copr.’, or the symbol ©, accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication." 17 U.S.C. § 19 (1970) . When copies of a work are made available to the public without the required notice, there results a forfeiture of any copyright protection and an injection of the work into the public domain. ”

“ First, because the Work is part of a collective work, only one name is required in the copyright notice to protect all of the preexisting contributions. Second Request at 3, 6–7. Second, you argue that there has been an increasingly liberal application of the 1909 Act’s notice requirements by the courts so as to avoid forfeiture of copyright due to “technical error in copyright notices.” Id. at 3. Third, you submit that the notice contained in the Book should be sufficient because it serves the purpose of the notice requirement by informing the public of the existence of a copyright. ”

“ Goodis is one such example of this extension. In Goodis, the court held that “where a magazine has purchased the right of first publication under circumstances which show that the author has no intention to donate his work to the public, copyright notice in the magazine’s name is sufficient to obtain a valid copyright on behalf of the beneficial owner, the author or proprietor.” ”

“ It is true, of course, that a combination of unprotectable elements may qualify for copyright protection. But it is not true that any combination of unprotectable elements automatically qualifies for copyright protection. Our case law suggests, and we hold today, that a combination of unprotectable elements is eligible for copyright protection only if those elements are numerous enough and their selection and arrangement original enough that their combination constitutes an original work of authorship. ”

“ Compendium (Third) § 306 (quoting Trade-Mark Cases, 100 U.S. 82, 94 (1879) ) ; see also Compendium (Third) § 313.2 (the Office will not register works “produced by a machine or mere mechanical process” that operates “without any creative input or intervention from a human author” because, under the statute, “a work must be created by a human being”) . So Thaler must either provide evidence that the Work is the product of human authorship or convince the Office to depart from a century of copyright jurisprudence. ”

“ If other people come there and present facts as a matter of record, the Board can't entirely go outside of those facts and decide a case right out of the clear sky. If this organization wants to be effective, it ought to appoint a committee to present those things before that Board. ”

“ An amendment to the 1998 Act would provide for the Assembly to appoint a standing Institutional Review Committee, to examine the operational aspects of the Strand One institutions. Matters to be reviewed in this way would be agreed among the parties. ”

“ Congress is not obligated to protect all works that may constitutionally be protected. “ [I] t is generally for Congress,” not the Board, “to decide how best to pursue the Copyright Clause’s objectives.” Eldred v. Ashcroft, 537 U.S. 186, 212 (2003) . The Board must apply the statute enacted by Congress; it cannot second-guess whether a different statutory scheme would better promote the progress of science and useful arts. ↑ In this case, as well as a previous case, the Court suggested that the requirement that an “author” be human is required by the Constitution. ”

“ The Executive Committee should be small and the members should live near enough each other to be able to have frequent regular meetings, besides special meetings in emergencies. Where the organization is local, such as a society for sustaining an orphan asylum, the Board of Managers usually divides itself into committees having charge of different branches of the work during the intervals between the monthly or quarterly meetings of the Board, when these committees report on the work done. ”

“ The Review Board of the United States Copyright Office (“Board”) has considered Sands Costner Inc.’s second request for reconsideration of the Registration Program’s refusal to register a two-dimensional artwork claim in the work titled “COINME” (“Work”) . After reviewing the application, deposit copy, and relevant correspondence, along with the arguments in the second requests for reconsideration, the Board affirms the Registration Program’s refusal of registration. ”