20 U.S.C. § 41
Incorporation of institution
The President, the Vice President, the Chief Justice, and the heads of executive departments are constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions hereinafter contained, and no other.
Notes of Decisions
Cited in 24
cases (1 in the last 5 years), 1971–2021 · leading case: Raven v. Sajet, 334 F. Supp. 3d 22 (D.C. Cir. 2018).
Raven v. Sajet, 334 F. Supp. 3d 22 (D.C. Cir. 2018). “The National Portrait Gallery is a bureau of the Smithsonian.”
Kevin O'ROuRke v. Smithsonian Inst. Press & the Smithsonian Inst., Docket No. 04-0151-Cv, 399 F.3d 113 (2d Cir. 2005). “The Smithsonian -Institution is a trust instrumentality of the United States established by Act of Congress in 1846, 20 U.S.C. § 41 et seq. 3. As such, the Smithsonian Institution reports annually to Congress on its budget and receives appropriations from Congress.”
Forman, Paul v. Small, Lawrence M., 271 F.3d 285 (D.C. Cir. 2001). “First, it operates under a federal charter, 20 U.S.C. § 41 , and its Board of Regents is composed of or selected by federal officials, id.”
Margaret Dong v. Smithsonian Inst., Hirshhorn Museum & Sculpture Garden, 125 F.3d 877 (D.C. Cir. 1997). “1976), and that it is not a “corporation,” but rather a testamentary trust res denominated an “establishment” by Congress in 1846, 20 U.S.C. § 41 . We find it unnecessary to address these arguments, however.”
Catherine Cotton v. I. Michael Heyman, Sec'y, the Smithsonian Inst., 63 F.3d 1115 (D.C. Cir. 1995). “It can also at least reasonably argue its enabling statute at 20 U.S.C. § 41 (1994) does not establish a corporation, but rather asserts that certain officials “are constituted an establishment by the name of the Smithsonian Institution.”
McKinney v. Caldera, 141 F. Supp. 2d 25 (D.D.C. 2001). “3d at 882 (citing 20 U.S.C. § 41 ). Even though the Smithsonian is closely linked with the federal government, receives federal funding, and publishes rules and notices in the Code of Federal Regulations, the Court determined that it is not an “agency” because it does not make…”
Marley v. Ibelli, 203 F. Supp. 2d 302 (S.D.N.Y. 2001). “Plaintiffs argument that the Smithsonian is not a federal agency for the purposes of the Federal Tort Claims Act (“FTCA”) is unpersuasive.”
Misra v. Smithsonian Astrophysical Observatory, 248 F.3d 37 (1st Cir. 2001). “1982); see also 20 U.S.C. §§ 41 47 (establishing Smithsonian charter).”
Dong v. Smithsonian Inst., 878 F. Supp. 244 (D.D.C. 1995). “13 20 U.S.C. § 41 . It also has a majority of federal civil service employees.”
Rivera v. Heyman, 982 F. Supp. 932 (S.D.N.Y. 1997). “” 20 U.S.C. § 41 . An Act of Congress constituted the Smithsonian from the President, Vice President, Chief Justice of the Supreme Court, and heads of the executive departments.”
Crowley v. Smithsonian Inst., 636 F.2d 738 (D.C. Cir. 1980). “Appellants sued in the United States District Court for the District of Columbia for a declaratory judgment that the Smithsonian’s charter ( 20 U.S.C. § 41 et seq.) did not authorize the use of federal funds for such exhibits and that, if the charter did authorize such use of…”
Crowley v. Smithsonian Inst., 462 F. Supp. 725 (D.D.C. 1978). “” 20 U.S.C. § 41 . The Museum is to receive “all objects of art and of foreign and curious research, and all objects of natural history, plants, and geological and mineralogical specimens belonging to the United States.”
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