Unpublished Opinion
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Justice Robert H Jackson S Unpublished Opinion In Brown V Board
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Author : David M. O'Brien
language : en
Publisher: University Press of Kansas
Release Date : 2017-11-17
Justice Robert H Jackson S Unpublished Opinion In Brown V Board written by David M. O'Brien and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-17 with Law categories.
Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over “original intent” versus a “living Constitution,” the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling.
Citing Unpublished Opinions In Federal Appeals
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Author : Robert Timothy Reagan
language : en
Publisher:
Release Date : 2005
Citing Unpublished Opinions In Federal Appeals written by Robert Timothy Reagan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Appellate procedure categories.
Citations To Unpublished Opinions In The Federal Courts Of Appeals
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Author :
language : en
Publisher:
Release Date : 2005
Citations To Unpublished Opinions In The Federal Courts Of Appeals written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Appellate procedure categories.
The Unpublished Opinions Of Mr Justice Brandeis
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Author : Louis Dembitz Brandeis
language : en
Publisher: Chicago : University of Chicago Press
Release Date : 1967
The Unpublished Opinions Of Mr Justice Brandeis written by Louis Dembitz Brandeis and has been published by Chicago : University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Law categories.
The Unpublished Opinions Of The Rehnquist Court
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Author : the late Bernard Schwartz
language : en
Publisher: Oxford University Press
Release Date : 1996-01-04
The Unpublished Opinions Of The Rehnquist Court written by the late Bernard Schwartz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-04 with Law categories.
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.
Unpublished Opinion
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Author : United States. Court of Appeals (9th Circuit)
language : en
Publisher:
Release Date : 1984-04
Unpublished Opinion written by United States. Court of Appeals (9th Circuit) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-04 with Law reports, digests, etc categories.
The Unpublished Opinions Of The Warren Court
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Author : Schwartz Bernard
language : en
Publisher:
Release Date : 1985-09-26
The Unpublished Opinions Of The Warren Court written by Schwartz Bernard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-26 with Judicial opinions categories.
An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.
Unpublished Judicial Opinions
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
language : en
Publisher:
Release Date : 2002
Unpublished Judicial Opinions written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
The Unpublished Opinions Of The Burger Court
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Author : the late Bernard Schwartz
language : en
Publisher: Oxford University Press
Release Date : 1988-07-14
The Unpublished Opinions Of The Burger Court written by the late Bernard Schwartz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-07-14 with Law categories.
A companion to Oxford's The Unpublished Opinions of the Warren Court, this book contains the draft opinions that were prepared by the Justices in the cases included, as well as a short historical preface of each case and an analysis of the legal events occurring after the drafts were sent to the Justices.
The Anastasoff Case And The Judicial Power To Unpublish Opinions
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Author : Thomas Lee
language : en
Publisher:
Release Date : 2008
The Anastasoff Case And The Judicial Power To Unpublish Opinions written by Thomas Lee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Judicial opinions categories.
Judge Richard S. Arnold's Eight Circuit panel opinion in Anastasoff v. United States (2000) used a historical treatment of precedent to declare the circuit's rule on unpublished opinions unconstitutional. Because, in Arnold's view, this historical treatment of precedent was incorporated in the "judicial power" conferred on the federal courts under Article III, the Eighth Circuit panel struck down as unconstitutional the unpublished opinion rule relied on by Ms. Anastasoff. To the extent the current literature expressly addresses Judge Arnold's historical argument, it does so without confronting three essential premises in his argument: (1) that the "declaratory theory" of law was adopted by the Framers and is inconsistent with the modern treatment of unpublished opinions; (2) that the Framers' conception of precedent was static and not subject to further evolution; and (3) that the original understanding foreclosed the possibility of a hierarchy of varying levels of judicial precedents. This Article seeks to fill the void by offering comprehensive answers to these fundamental questions left open by the existing commentary. After describing in Section I the facts of the case and the essence of Judge Arnold's opinion, Section II begins by placing his position in pragmatic perspective. Here, the Article outlines some unforeseen implications of the constitutional objection raised by Judge Arnold, and concludes that the practical consequences of adherence to Anastasoff should at least produce some skepticism as to whether it is a constitutional mandate. Then, in Section III the Article evaluates Judge Arnold's premise that the original understanding of the judicial power precludes a rule that would deprive unpublished opinions of precedential effect. Ultimately, we conclude that the founding-era conception of precedent cannot be reconciled with the historical model proposed by Judge Arnold, and in fact that the original understanding is most closely in line with the merely persuasive weight generally accorded unpublished opinions today. Moreover, we also reject Judge Arnold's assertion that a hierarchy of precedents is historical anathema-since the notion of a lower class of precedent finds a list of fairly close historical analogues.