The Unpublished Opinions of the Burger Court by Bernard Schwartz PDF

Rules Procedures

By Bernard Schwartz

ISBN-10: 0195053176

ISBN-13: 9780195053173

A significant other to Oxford's The Unpublished evaluations of the Warren courtroom, this publication includes the draft reviews that have been ready by means of the Justices within the circumstances integrated, in addition to a brief ancient preface of every case and an research of the felony occasions taking place after the drafts have been despatched to the Justices.

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Its nine Justices are among the most powerful, yet least visible, men in the United States. It is unheard of for a Justice to reveal anything specific about the Court's case work; law clerks, too, are sworn to secrecy. The Court's written decisions are supposed to speak for themselves. It is the least accountable branch of Government. 73 In an age of open government and sunshine laws, it is anomalous that almost nothing is known about the internal functioning of the fulcrum on which the entire constitutional system turns.

Schilling v. Rogers, supra, at 674. On the contrary, this is an instance "where the only or principal dispute relates to the meaning of the statutory term" ["making a crop"], NLRB v. , 286 F. 2d 583, 591 (19—), and that is a question of law Scripps-Hou-ard Radio, Inc. v. FCC, 316 U. S. 4 (1942), or "implied beneficiary" indicia that one of the statutory purposes was to protect the claimants' class, e. , The Chicago Junction Case, 264 U. S. 258 (1924); Hardin v. Kentucky Utilities, 390 U. S.

Pollock v. S. 429 (1895). 61. Brown v. S. 483 (1954). 62. Powell v. S. 486 (1969). 63. Justice Fortas, quoted in The Fourteenth Amendment Centennial Volume 34 (Schwart/, ed. 1970). 64. Douglas, in The Great Rights 148 (Cahn ed. 1963). 65. 4 The Collected Essays Journalism and Letters of George Orwell 75 (1968). 66. Loc. cit. supra note 64. 67. Lewis, New York Times Book Review, December 29, 1985, p. 20. 68. Woodward and Armstrong, op. cit. supra note 5. 69. Schwartz, Super Chief: Earl Warren and His Supreme Court—a Judicial Biography (1983).

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