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Articles 31 - 60 of 195
Full-Text Articles in Law
07-05-1983 Memorandum To The Conference, Warren E. Burger
07-05-1983 Memorandum To The Conference, Warren E. Burger
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
My sense of the Conference was that we agreed that, in order to forestall confusion in the insurance industry, the following statement should be added to the per curiam opinion.
07-05-1983 Correspondence From Marshall To Burger, Thurgood Marshall
07-05-1983 Correspondence From Marshall To Burger, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Chief:
I have you memorandum concerning the latest suggested addition to the Per Curiam opinion.
07-01-1983 Correspondence From Powell To O'Connor, Lewis F. Powell
07-01-1983 Correspondence From Powell To O'Connor, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Sandra:
I agree with your suggestion that the mandate issue on August 1.
07-01-1983 Memorandum To The Conference, Thurgood Marshall
07-01-1983 Memorandum To The Conference, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Once more -- I apologize to each of you. On the ninth line from the bottom of the proposed Per Curiam, there appears "and IV-A". This is not correct and should be deleted. There is no "IV-A" in the first draft of my opinion.
State V. Bobbitt, 415 So. 2d 724 (Fla. 1982), Thomas Katheder
State V. Bobbitt, 415 So. 2d 724 (Fla. 1982), Thomas Katheder
Florida State University Law Review
Criminal Law-LOVERS AND OTHER STRANGERS: OR, WHEN IS A HOUSE A CASTLE?-PRIVILEGE OF NON-RETREAT IN THE HOME HELD INAPPLICABLE TO LEGAL CO-OCCUPANTS
07-01-1983 Memorandum To The Conference, Sandra Day O'Connor
07-01-1983 Memorandum To The Conference, Sandra Day O'Connor
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
With reference to the effective date of the judgment, Frank Lorson suggested the following language could be added as the last sentence of the per curiam if the Conference so desires:
John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater
John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater
Cornell Law Faculty Publications
Public furor over the Not Guilty by Reason of Insanity verdict in the trial of John Hinckley, Jr. already has stimulated legal changes in the insanity defense. This study documents more systematically the dimensions of negative public opinion concerning the Hinckley verdict. A survey of Delaware residents shortly after the trial's conclusion indicated that the verdict was perceived as unfair, Hinckley was viewed as not insane, the psychiatrists' testimony at the trial was not trusted, and the vast majority thought that the insanity defense was a loophole. However, survey respondents were unable to define the legal test for insanity and …
Evidence In Capital Cases, John Kaplan
Evidence In Capital Cases, John Kaplan
Florida State University Law Review
No abstract provided.
A Due Process Of Judicially-Authorized Presumptions In Federal Aggravated Bank Robbery Cases, James F. Ponsoldt
A Due Process Of Judicially-Authorized Presumptions In Federal Aggravated Bank Robbery Cases, James F. Ponsoldt
Scholarly Works
Within the past fifteen years several broadly-focused articles have identified general constitutional limits, under the due process clause, on presumptions and inferences created by statute or applied by courts in trying criminal cases. Recently, in County Court of Ulster County, New York v. Allen , the Supreme Court affirmed the validity of the evidentiary devices of inference and presumptions and labeled them "a staple of our adversary system of factfinding." This suggest that to unreasonably curtail the use of circumstantial evidence in the factfinding process would place an intolerable burden on prosecutors in their efforts to prove guilt beyond a …
06-30-1983 Clerk Memo, Alan S. Madans
06-30-1983 Clerk Memo, Alan S. Madans
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I think TM's suggested per curiam is a proper way of handling this mess. There is one error, however. Seven lines from the bottom, the phrase "which is joined" should read "which are joined" since it is the referenced Parts, rather than TM's opinion, which have been joined by the listed Justices. I assume both TM and LP are making the necessary changes in their own opinions .
06-30-1983 Clerk Memo, Alan S. Madans
06-30-1983 Clerk Memo, Alan S. Madans
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I agree with TM that all the held cases should be GVR'ed in light of Norris. Although it might be possible to deny 82-913 while GVR'ing 82-791, it would be better, in my view, to dispose of them jointly.
06-30-1983 Memorandum To The Conference, Warren E. Burger
06-30-1983 Memorandum To The Conference, Warren E. Burger
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
It is desirable that we confer immediately after we rise Friday.
06-30-1983 Memorandum To The Conference, Thurgood Marshall
06-30-1983 Memorandum To The Conference, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Perhaps the attached can serve as a basis for discussion tomorrow.
06-29-1983 Memorandum To The Conference, Thurgood Marshall
06-29-1983 Memorandum To The Conference, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I have just received Sandra's opinion, "concurring in part" which does not concur in judgement. That means that I now have only three votes to join me in the judgement. At this late date, I do not have a court and so not know what to do at this stage. Any suggestions will be welcomed by me.
06-29-1983 Correspondence From Stevens To Marshall, John Paul Stevens
06-29-1983 Correspondence From Stevens To Marshall, John Paul Stevens
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Thurgood:
My suggestion is that we apply for group membership in "Alcoholics Affirmative".
06-29-1983 Memorandum To The Conference, Thurgood Marshall
06-29-1983 Memorandum To The Conference, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
For the reasons set forth below, I will vote to GVR all three of these cases in light of Norris.
06-28-1983 Memorandum To The Conference, Lewis F. Powell
06-28-1983 Memorandum To The Conference, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
In response to the revisions in the Court's opinion circulated today, I am making some changes in footnotes 6 and 7 of my dissent.
06-28-1963 Memorandum To The Conference, Lewis F. Powell
06-28-1963 Memorandum To The Conference, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I will circulate - probably this afternoon - a response to Thurgood's revision of footnote 7.
06-28-1983 Memorandum To The Conference, Thurgood Marshall
06-28-1983 Memorandum To The Conference, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
In response to the revision in the footnote 7 of the dissent to include Arizona Stat, Ann. 20-448, I have revised the second and third paragraphs of the footnote 17 on pages 13 and 14 of my opinion to read as follows:
06-27-1983 Correspondence From Burger To Powell, Warren E. Burger
06-27-1983 Correspondence From Burger To Powell, Warren E. Burger
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Lewis:
I join.
06-27-1983 Clerk Memo, Alan S. Madans
06-27-1983 Clerk Memo, Alan S. Madans
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I thought you might be interested in the brief article by Prof. Van Alstyne in this book. The article, written shortly after the Manhart decision, deals with the implications of that decision and supports the majority's result in Norris. TM's and SOC's clerks carne by to show me the article.
06-27-1983 Correspondence From Rehnquist To Powell, William H. Rehnquist
06-27-1983 Correspondence From Rehnquist To Powell, William H. Rehnquist
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Lewis:
Please join me in you dissenting opinion.
06-27-1983 Clerk Memo, Alan S. Madans
06-27-1983 Clerk Memo, Alan S. Madans
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I just had a visit from SOC's clerk.. He told me that SOC is now on the fence in this case on the liability issue, and that there is no way she will join TM on the remedy issue even if she does join on liability. The clerk said that. SOC would be interested in hearing from you privately, perhaps with a view toward agreeing on a remedial approach if you are inclined to join TM on liability. SOC's view on the remedy is that only benefits tied in to post-Norris contributions should be affected. I told the clerk …
06-27-1983 Memorandum To The Conference, Lewis F. Powell
06-27-1983 Memorandum To The Conference, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
In response to changes in Thurgood's third draft circulated today, I have made some additions to footnote 7, p. 6-7.
06-27-1983 Correspondence From Blackmun To Powell, Harry A. Blackmun
06-27-1983 Correspondence From Blackmun To Powell, Harry A. Blackmun
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Lewis:
Please add my name to your dissenting opinion.
06-27-1983 Opinion Of The Court, Thurgood Marshall
06-27-1983 Opinion Of The Court, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
JUSTICE MARSHALL, delivered the opinion of the Court.
06-21-1983 Clerk Memo, Alan S. Madans
06-21-1983 Clerk Memo, Alan S. Madans
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
I think LP has done a satisfactory job with the dissent, but I do not find ot persuasive on the liability question. LFP relies very heavily on the McCarran Ferguson Act, but the Court's decision does not regulate the business of insurance. Rather, the Court is using Title VII to regulate an employer's employment practices. The McCarran Ferguson Act has never permitted a State to authorize employment practices just because those practices involve insurance. Since the employer in Manhart was a self-insurer, LP's argument would have been much more appropriate in that case.
06-21-1983 Justice Powell, Dissenting, Lewis F. Powell
06-21-1983 Justice Powell, Dissenting, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
The Court holds that an employer may not offer its employees life annuities from a private insurance company that uses sex-based mortality tables. This holding will have a far-reaching effect on the operation of the insurance and pensions plans. Employers may be forced to discontinue offering life annuities, or potentially disruptive changes may be required in long-established methods of calculating insurance and pensions.
06-09-1983 Correspondence From Brennan To Marshall, William J. Brennan
06-09-1983 Correspondence From Brennan To Marshall, William J. Brennan
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Thurgood,
I agree.
06-06-1983 Correspondence From Powell To Marshall, Lewis F. Powell
06-06-1983 Correspondence From Powell To Marshall, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Thurgood,
I am working on a dissent, and hope to get it out before too much longer.