The Unpublished Opinions of the Burger CourtOxford University Press, 1988. 7. 14. - 496페이지 A companion to Oxford's The Unpublished Opinions of the Warren Court, this book contains the draft opinions that were prepared by the Justices in the cases included, as well as a short historical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. |
목차
| 3 | |
| 30 | |
Counsel Lineups and Defendants Rights | 49 |
Sexual Discrimination and the Standard of Review | 65 |
How a Legal Landmark Manqué Became a Constitutional Cause Célèbre | 83 |
Bad Presidents Make Hard Law | 152 |
Mental Commitment and the Right to Treatment | 284 |
Time Low Was Laid Low | 324 |
Right of Access to News | 346 |
Expanding and Contracting Due Process ConceptsFrom Goldberg v Kelly to a More Restrictive Approach | 375 |
Right of Access to Criminal Proceedings | 414 |
자주 나오는 단어 및 구문
abortion accused action administrative affirm alleged asserted Attorney authority Barchi Branzburg Burger draft certiorari Chief Justice Burger circulated claim of privilege committed conference confidentiality confinement Const constitutional right counsel Court of Appeals criminal trial decision defendant denied DEPASQUALE disclosure dissent District Court Donaldson draft opinion due process evidence executive privilege fair trial federal Fourteenth Amendments Frontiero GANNETT GANNETT CO Georgia hospital HOUCHINS important issue judge judgment judicial jury Justice Blackmun Justice Brennan Justice Douglas Justice Powell Justice Stewart Justice White KQED lineup litigation memo ment mentally ill Michelin Nebraska Press Assn Nixon O'Connor person petitioner physician plaintiff post-suspension President President's pretrial procedures proceedings prosecution protect public interest public trial question Reed Rehnquist relevant Rule 17 Sixth Amendment Special Prosecutor statute subpoena duces tecum Supp suppression hearing supra Supreme Court suspension Texas tion United vote Wade Warren
인기 인용구
75 페이지 - must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstanced shall be treated alike.
194 페이지 - The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
324 페이지 - It is sufficient for the present to say, generally, that when the importer has so acted upon the thing imported, that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, * lost its distinctive character as an import, and has become [ * 442 ] subject to the taxing power of the State...
235 페이지 - No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.
95 페이지 - The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet ofthat privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
390 페이지 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
364 페이지 - The newspapers, magazines and other journals of the country, it is safe to say, have shed and continue to shed, more light on the public and business affairs of the nation than any other instrumentality of publicity ; and since informed public opinion is the most potent of all restraints upon misgovernment, the suppression or abridgment of the publicity afforded by a free press cannot be regarded otherwise than with grave concern.
221 페이지 - While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity.
194 페이지 - The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.