Law Commons^™

01-04-1981 Correspondence From Brennan To Stevens, William J. Brennan

Beltran v. Myers, 451 U.S. 625 (1981)

Dear John:

Please join me.

05-04-1981 Justice Powell, Per Curiam, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

We granted a writ of certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit , holding that California's "transfer-of-assets" statute applicable to "medically needy" recipients of Medicaid benefits does not conflict with governing federal law . Dawson v. Myers, 622 F. 2d 1304 (CA9 1980). Petitioner is an individual considered "medically needy" under California's Medicaid plan, who represents the class of all such persons who have been denied Medicaid benefits because of previous transfers of assets for less than full consideration.

05-02-1981 Correspondence From Powell To Rehnquist, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Bill:

I agree that we could DIG this case, and if this is the wish of five other Justices I will be happy to circulate a draft to this effect.

05-01-1981 Correspondence From Stewart To Powell, Potter Stewart

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis, It seems to me that Bill Rehnquist's explanation of his continuing preference for a "dismiss as improvidently granted" has considerable merit. I do not, however, feel strongly about the matter.

05-01-1981 Correspondence From Blackmun To Powell, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

I go along.

05-01-1981 Correspondence From Rehnquist To Powell, William H. Rehnquist

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

While I do not feel strongly about the matter, it seems to me that a "dismiss as improvidently granted" would still be the preferable treatment in this case . In view of the Boren-Long Amendment, the case has no future significance when that Amendment comes into effect, and therefore we would simply be allowing a selected group of people to argue to the Court of Appeals that one view rather than another as to the "transfer of assets" provision should apply to them . I probably would not dissent from your Per Curiam circulated April 30th if it …

Justification For Residual Criminal Stigmatization: A Contribution To The Modern Philosophy Of Punishment, R. Paul Nadin-Davis

Dalhousie Law Journal

In the past twenty-five years advances in research have increased awareness of the deleterious effects of criminal sanction to an extent that they are now undeniable from any political or academic viewpoint. The most obvious and immediate unofficial sanction accompanying conviction in a criminal court, social and familial ostracism, has been relegated to the background by application of subcultural theory' and empirical demonstration that a single conviction rarely causes severe and lasting effects on family ties. 2 Meanwhile discrimination against ex-offenders in employment markets, both private3 and public, 4 has been clearly demonstrated in many countries. American writers have documented …

Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert

Michigan Law Review

The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.

04-30-1981 Justice Powell, Per Curiam, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

We granted a writ of certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit , holding that California's "transfer-of-assets" statute applicable to "medically needy" recipients of Medicaid benefits does not conflict with governing federal law . Dawson v. Myers, 622 F.2d 1304 (CA9 1980). Petitioner is an individual considered "medically needy" under California's Medicaid plan, who represents the class of all such persons who have been denied Medicaid benefits because of previous transfers of assets for less than full consideration.

04-30-1981 Memorandum To The Conference, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

The Chief requested me to draft a Per Curiam opinion that would DIG this case.

The Four Men Strom Thurmond Sent To The Chair, David Bruck

David I. Bruck

No abstract provided.

Hearing On Child Molestation Legislation - April 24, 1981, Joint Committee For Revision Of The Penal Code

California Joint Committees

HEARING ON CHILD M0LESTATION LEGISLATION: SB 276, SB 277, SB 278, SB 586, SB 587, SB 588

04-15-1981 Justice Correspondence, Unknown

Flynt v. Ohio, 451 U.S. 619 (1981)

Justice White's opinion reaches the proper result in this case. It might have been better to discuss Abney v. United States, which holds that rejections of double jeopardy claims are immediately appealable in federal cases because the Clause
protects against being subjected to a trial. Abney relied in part on Harris v. Washington, 404 U.S. 55 (1971), which held that state court rejections of double jeopardy claims are "final'' within the meaning of 28 u.s.c. §1257. I think the opinion is O.K. as it is, however. It is possible that a dissent, if there is one, will rely upon Abney, …

04-15-1981 Justice White, Per Curiam, Byron R. White

Flynt v. Ohio, 451 U.S. 619 (1981)

On July 14. 1976, criminal complaints were issued against petitioners charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32. The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Court of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory prosecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

04-15-1981 Correspondence From Rehnquist To White, William H. Rehnquist

Flynt v. Ohio, 451 U.S. 619 (1981)

Dear Byron:

Please join me in your Per Curiam.

Hearing On Child Molestation Legislation - April 10, 1981, Joint Committee For Revision Of The Penal Code

California Joint Committees

SB 276, SB 277, SB 278, SB 586, SB 587, SB 588.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Chinese Encounters, Robert M. Sanger

Robert M. Sanger

A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.

03-28-1981 Correspondence From Powell To Burger, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Chief:

At Conference yesterday, I stated that I might be persuaded to join a DIG, although I agreed with Bill Brennan on the merits.

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

The thoughts of all of the Justices are recorded.

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

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

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

Harry A. Blackmun's handwritten notes.

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

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

03-22-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

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

03-21-1981 Correspondence To Blackmun, Unknown

Beltran v. Myers, 451 U.S. 625 (1981)

Here is some light Sunday reading for you. I apologize for the handwritten corrections; ATEX went "down" before I could finish proofreading this monster.

03-18-1981 Correspondence From Rehnquist To White, William H. Rehnquist

Beltran v. Myers, 451 U.S. 625 (1981)

As you know , we have discussed with one another the possible jurisdictional problems in this case, and I would be the first to admit that it is an extremely "close call" if we were to say that the Court has jurisdiction under 28 U.S.C. § 1257, which I believe is the only general statute giving us jurisdiction over "final judgments or decrees rendered by the highest court of a State in which a decision could be had. " I am troubled by the fact that the respondent did not raise this point in his memorandum in opposition to certiorari …

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review

Michigan Law Review

A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt