The Unpublished Opinions of the Warren Court by Bernard Schwartz PDF

Rules Procedures

By Bernard Schwartz

ISBN-10: 0195035631

ISBN-13: 9780195035636

An incredible contribution to constitutional literature, this choice of ten unpublished judgements via the Warren courtroom places the choice making means of the very best court docket in a brand new gentle. through following the most important alterations that take place in every one case from the movement of tentative majority critiques to the ultimate issuance of opinion, the ebook portrays how the justices speak with one another and the way they're stimulated by means of each one other's arguments. Interpretations and commentaries by means of the writer light up the importance of every case and supply perception into different judicial philosophies and private kinds of the justices. This booklet can be of considerable worth to legislations colleges, legislations libraries, bar institutions, and legal professionals practising within the box of constitutional legislation.

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Roe v. S. 113, 167 (1973), referring to Ferguson v. S. 726 (1963). 67. S. News & World Report, July 15, 1969, p. 64. 68. " 69. Supra note 17. 70. See Kluger, Simple Justice 657-747 (1976). 71. The Public Papers of Chief Justice Earl Warren 232 (Christman ed. 1959). 72. See Schwartz, The Law in America 240-244 (1974). 73. Reynolds v. S. 533 (1964); Baker v. S. 186 (1962). 74. Warren, op. cit. supra note 18, at 306. 75. Woodward and Armstrong, The Brethren: Inside the Supreme Court (1979). 76. Infra p.

This was pointed out by Chief Justice Warren in his statement opening the Alton conference on April 12, 1954: "of course the Virgin Islands legislation is in effect legislation to authorize consensual divorce, because the 6 week residence, if both parties agree . . "4 Justice Frankfurter stressed the same point. "In short," he summed up the statute later in the conference, "while . . " To be sure, by the time of the Alton case, the plaintiffs in so-called "quickie" divorce cases had been able to avoid the domicile requirement by falsely alleging that they had gone to Nevada, the Virgin Islands, or some other jurisdiction, intending to establish a domicile there.

To that extent there may be in certain cases some element of artificiality to the Virgin Islands' presumption. But artificiality per se does not condemn a statutory presumption. To the extent that we were tostrike down statutory presumptions of fact because they contain an element of artificiality, we would violate the letter and spirit of the limitation on our power announced' in the Turnipseed case; more than that, we would be ignoring the large body of precedent upholding statutory presumptions which were, at least in part, artificial.

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The Unpublished Opinions of the Warren Court by Bernard Schwartz

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