The Unpublished Opinions of the Rehnquist Court

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Oxford University Press, 1996 M01 4 - 512 páginas
In the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted. Justice Thurgood Marshall's controversial decision to make his papers available to the public ushered in a new era of openness about the operation of the Court--but not without criticism from Chief Justice William H. Rehnquist. The Unpublished Opinions of the Rehnquist Court provides a behind-the- scenes look at the Supreme Court, showing how changes between the drafts and the Justices' final opinions have created substantial differences in the outcome of the Court's decisions. As with his two previous works The Unpublished Opinions of the Warren Court and the Unpublished Opinions of the Burger Court, author Bernard Schwartz uses private court papers to follow these decisions and explore the key role and responsibility of the Chief Justice. Among the ten cases examined by Schwartz are key abortion cases Hodgson v. Minnesota and Webster v. Reproductive Health Services-- the original draft of which would have virtually overruled Roe v. Wade--as well as a civil rights case, Patterson v. McLean Credit Union. Schwartz considers the draft opinions and explains why the drafts were not issued as the final opinions and dissents in these cases. In particular, he shows what would have happened if the draft opinions had come down as the final opinions. The Unpublished Opinions of the Rehnquist Court serves to clarify and explore the actual operation of the judicial decision-making process. It will be fascinating and informative reading for attorneys, judges, law students, politicians and anyone interested in the mechanics of the nation's highest Court.

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Contenido

Missouri v Blair 1987 Traffic Arrests and Homicide Evidence
30
Hodel v Irving 1987 Regulation Takings and Just Compensation
65
California v Rooney 1987 Garbage In Evidence Out?
105
Tompkins v Texas 1989 Race and Peremptory Challenges
135
Patterson v McLean Credit Union 1989 Civil Rights in the Rehnquist Court
197
Webster v Reproductive Health Services 1989 Roe and the Swinging Pendulum
260
Hodgson v Minnesota 1990 Roe Reaffirmed
339
General Motors Corporation v United States 1990 Administrative Deadlines Mandatory or Directory?
402
United States v France 1991 Magistrates Powers and Delayed Decisions
423
Ford Motor Credit Co v Department of Revenue 1991 A Tax Case Switch
462
Derechos de autor

Términos y frases comunes

Pasajes populares

Página 112 - What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. . . . But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected...
Página 18 - Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court.
Página 327 - The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.
Página 84 - Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs, according to the laws of the State or Territory where such land is located...
Página 228 - For sexual harassment to be actionable, it must be sufficiently severe or pervasive "to alter the conditions of [the victim's] employment and create an abusive working environment.
Página 210 - States ; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States...
Página 365 - It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.
Página 210 - They enact thai all persons within the jurisdiction of the United States shall have the same right in every State and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as Is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses and exactions of every kind, and to no other.
Página 198 - All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
Página 282 - In expounding a statute, we must not be guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy.

Acerca del autor (1996)

Bernard Schwartz is Professor of Law at the University of Tulsa and Professor Emeritus, New York University.

Información bibliográfica