Law Commons^™

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Saxbe V. Washington Post, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pell V. Procunier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Goguen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …

A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer

Faculty Publications

Professor Palmer proposes a new model of criminal dispositions which would replace official discretion at sentencing with judicially created standards for sentencing officials. In Part I he outlines the role of the appellate judiciary in developing an interest analysis to enunciate standards to guide criminal dispositions. In Parts Il and III he examines the roles of administrative agencies and legislatures in perfecting the dispositional process under standards initially ariculated by the judiciary. Professor Palmer emphasizes the concept of individual liberty as a central value of society and shows how a new system of criminal dispositions can enhance that value as …

Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune

Law Faculty Scholarly Articles

In 1970 Chief Justice Burger, commenting on the work of the ABA Advisory Committee, compared the criminal justice system to a three-legged stool, one leg the judge, the second leg the prosecution, and the third leg the defense lawyer: "We concluded very quickly that that third leg in this context was as essential as the third leg of a stool. We have not quite said it ought to be jurisdictional that you have three parts to this enterprise but we have come very, very close to it." It is time to admit the overriding social need for attorney representation and …

Controlling Crime In California: Report Of The Governor's Select Committee On Law Enforcement Problems, Office Of The Governor

California Agencies

The findings and recommendations of this Select Committee on Law Enforcement Problems are herewith submitted for your information and appropriate implementation. Many of the recommendations require legislation. During the committee's review, its members worked with several legislators to initiate action on items contained in the report, and several measures are ready for legislative action. Other recommrndations can be achieved by administrative steps and will be addressed by the appropriate departments and units of the Executive Branch of state government. Still other improvements must be accomplished by the local agencies involved in the criminal justice system. Therefore, a copy of this …

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …

Lie Detector Test - Lms Letter To Judge Lang, Lewis Steel '63

Motions

No abstract provided.

03-20-1973 Per Curiam, William H. Rehnquist

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

In this case we are confronted with an issue similar to the one determined today in Salyer Land Company v. Tulare Lake Basin Water Storage District.- U. S. -, Appellee ToltecWatershed Improvement District was established after referendum held pursuant to Wyoming's Watershed Improvement District Act. Wyo. Stat. Ann. §§ 41-354.1 to 41-354.26. After formation, appellee sought a right of entry onto lands owned by appellant Associated Enterprises. Inc., and leased by Johnston Fuel Liners for the purpose of carrying out studies to determine the feasibility of constructing a dam and reservoir. When Associated resisted, the district sought to enforce its …

03-20-1973 Justice Douglas, Dissenting, William O. Douglas

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN and MR. JUSTICE MARSHALL concur, dissenting.

03-01-1973 Justice Douglas, Dissenting, William O. Douglas

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN and MR JUSTICE MARSHALL concur, dissenting.

02-26-1973 Justice Rehnquist, Per Curiam, William H. Rehnquist

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

In this case we are confronted with an issue similar to the one determined today in Salyer Land Company v. Tulare Lake Basin Water Storage District.-U. S. - Appellee Toltec Watershed Improvement District was established after referendum held pursuant to Wyoming's Watershed Improvement District Act, Wyo. Stat. Ann. 41-354.1 to 41-354.26. After formation. appellee sought a right of entry onto lands owned by appellant Associated Enterprise Inc. and leased by Johnston Fuel Liners for the purpose of carrying out st udies to determine the feasibility of constructing a dam and reservoir. When Associated resisted, the district sought to enforce its …

02-24-1973 Correspondence From Powell To Rehnquist, Lewis F. Powell

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

Dear Bill:

Please join me in your Per Curiam.

02-21-1973 Memorandum To The Conference, Sandra Phillips

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

Mr. Justice Douglas will be circulating 71-1069, Assoc. Enterprises, Inc. v. Toltec shortly.

02-15-1973 Correspondence From Stewart To Rehnquist, Potter Stewart

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

Dear Bill,

I am glad to join the per curiam you have circulated in this case.

02-09-1973 Clerk Memo, Unknown

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

Memo on Mr. Justice Rehnquist's proposed per curiam opinion.

01-17-1973 Justice White, Per Curiam, Byron R. White

Gomez v. Perez, 409 U.S. 535 (1973)

The issue presented by this appeal is whether the laws of Texas may constitutionally grant legitimate children a judicially enforceable right to support from their natural fathers and at the same time deny that right to illegitimate children.

01-17-1973 Justice White, Per Curiam, Byron R. White

Gomez v. Perez, 409 U.S. 535 (1973)

The issue presented by the appeal is whether the laws of Texas may constitutionally grant legitimate children a judicially enforceable right to support from their natural fathers and at the same time deny that right to illegitimate children.

01-17-1973 Justice Stewart, Dissenting, Potter Stewart

Gomez v. Perez, 409 U.S. 535 (1973)

MR. JUSTICE STEWART, with whom MR. JUSTICE REHNQUIST joins, dissenting.

01-16-1973 Notes From Oral Argument, Harry A. Blackmun

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

Harry A. Blackmun's handwritten notes from oral argument.

01-09-1973 Correspondence From Marshall To White, Thurgood Marshall

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Please join me in your per curiam of 1-5-73.

01-08-1973 Correspondence From Blackmun To White, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Your proposed per curiam, circulated late Friday, convinces me, and I would now like to join it and to withdraw my tentative vote to DIG.

01-08-1973 Notes From Oral Argument, Harry A. Blackmun

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

Harry A. Blackmun's handwritten notes from oral argument.

01-08-1973 Correspondence From Burger To White, Warren E. Burger

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

I think your revised approach is a sound one and I join you.

01-08-1973 Correspondence From Brennan To White, William J. Brennan

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

I agree with the Per Curiam you have prepared in the above.

01-07-1973 Correspondence From Powell To White, Lewis F. Powell

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Please join me.