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12-05-1971 Correspondence From Burger To White, Warren E. Burger

Carter v. Stanton, 405 U.S. 669 (1972)

Dear Byron:

Please join me.

12-09-1971 Correspondence From Marshall To White, Thurgood Marshall

Carter v. Stanton, 405 U.S. 669 (1972)

Dear Byron:

Please join me in your per curiam.

12-09-1971 Correspondence From Blackmun To White, Harry A. Blackmun

Carter v. Stanton, 405 U.S. 669 (1972)

Dear Byron:

I, too, agree with the Per Curiam you have prepared for this case.

12-07-1971 Correspondence From Stewart To White, Potter Stewart

Carter v. Stanton, 405 U.S. 669 (1972)

Dear Byron,

I am glad to join your Per Curiam in this case.

12-07-1971 Correspondence From Brennan To White, William J. Brennan

Carter v. Stanton, 405 U.S. 669 (1972)

Dear Byron:

I agree.

11-01-1971 Memorandum To The Conference, Harry A. Blackmun

Carter v. Stanton, 405 U.S. 669 (1972)

John has had an extraordinary amount of difficulty with this case. Perhaps it is small wonder. It is an example of the problems attendant upon three-judge court jurisdiction and the theories this Court has spun about that jurisdiction.

11-06-1971 Notes From Oral Argument, Harry A. Blackmun

Carter v. Stanton, 405 U.S. 669 (1972)

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

Argersinger V. Hamlin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kastigar V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Schneble V. Florida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Moore V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Brewster, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Shadwick V. Tampa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Apodoca V. Oregon, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Kois V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.

Coordinated California Corrections: The System, Board Of Corrections

California Agencies

California has the nation's largest population and also the largest criminal population. In rising to meet the "challenge of crime in a free society ... California has developed criminal justice and, particularly correctional systems which are ranked among the nation's best. However, the steady stream of incidents from a stunned Marin County Courthouse to a riot-torn East Los Angeles to a grave-filled Sutter County farmyard makes it painfully clear that California is far from having met the challenge. There is a never-ending need to re-evaluate the State's correctional programs to determine how they can more effectively achieve their overall goal. …

Coordinated California Corrections: Field Services, Board Of Corrections

California Agencies

Many of the key issues cited in this Report focus upon the changing relationships of State and county government, particularly the increased emphasis on providing direct services to the offender by the counties and increased emphasis on the part of the State ·for providing supportive and enabling services to the counties in the fo~ of subsidy, planning, training, research and information, standard setting, inspections and consultative services. Other key issues include staff training, the use of non-professionals in the probation setting, increased workloaas, improved classification and treatment, and the reintegration of offenders into the community.

06-28-1971 Per Curiam, Potter Stewart

Clay v. United States, 403 U.S. 698 (1971)

The petitioner was convicted for willful refusal to submit to induction into the Armed Forces. 50 U.S.C. App. § 462 a). The judgment of conviction was affirmed by the Court of Appeals for the Fifth Circuit. We granted certiorari, 400 U.S. 990, to consider whether the induction notice was invalid because grounded upon an erroneous denial of the petitioner's claim to be classified as a conscientious objector.

06-22-1971 Correspondence From Burger To Stewart, Warren E. Burger

Clay v. United States, 403 U.S. 698 (1971)

Dear Potter:

Please join me.

06-21-1971 Correspondence From Harlan To Stewart, John Harlan

Clay v. United States, 403 U.S. 698 (1971)

I must confess to finding myself a little uncomfortable with your proposed per curiam. I am not convinced that the passages from the Department of Justice advice letter have the same import in context as they do in the order in which they appear on page four of your opinion. In addition, I am inclined to think that the opinion pushes the Government's concession, before us further than they were intended to reach.

06-21-1971 Justice Stewart, Per Curiam, Potter Stewart

Clay v. United States, 403 U.S. 698 (1971)

The petitioner was convicted for willfull refusal to submit to induction into the Armed Forces. 50 U.S.C. 462 (a). The judgement of conviction was affirmed by the Court of Appeals for the Fifth Circuit. We granted certiorari, 400 U.S. 990, to consider whether the induction notice was invalid because grounded upon an erroneous denial of the petitioners' claim to be classified as a conscientious objector.

06-10-1971 Correspondence From Brennan To Harlan, William J. Brennan

Clay v. United States, 403 U.S. 698 (1971)

Dear John:

While I still think that the so-called Stromberg ground of Sicurella would be enough to reverse this conviction, I am persuaded by your opinion that the other
aspect of Sicurella also requires reversal. I, therefore, would be happy to have
you join me.

06-10-1971 Correspondence From Stewart To Harlan, Potter Stewart

Clay v. United States, 403 U.S. 698 (1971)

Dear John,

I agree with your memo and would gladly join it if it should become an opinion of the Court. I also think, however, that there is another reason why this conviction cannot stand -- what Bill Brennan calls the "Stromberg ground of Sicurella." over the week-end I may try my hand at writing a few words on that subject.

06-09-1971 Correspondence From Harlan To Burger, John Harlan

Clay v. United States, 403 U.S. 698 (1971)

My original Conference vote was to affirm, and it was of course on that basis that you assigned the opinion to me. As I tentatively indicated to the Conference a week or so ago and in later conversation with you, subsequent work on such an opinion brought me serious misgivings, and I am now convinced that the conviction should be reversed. I attach a memorandum setting forth the reasons that have brought me to this conclusion.

05-17-1971 Preliminary Memorandum, Michel A. Lafond

Carter v. Stanton, 405 U.S. 669 (1972)

Section 406 (a) of the Social Security Act, 42 u.s.c. 606 (a) provides in part:

[T]he term 'dependent child means a needy child...who has been deprived of parental support or care by reason of the death continued absence from the horne, or physical incapacity of a parent...

04-22-1971 Memorandum To The Conference, William O. Douglas

Clay v. United States, 403 U.S. 698 (1971)

I am sending each or you a memo in the Clay case, No. 783, because it was poorly briefed and argued, and the record is not too revealing. My travels in Islam, however, got me interested in the Koran; and as a result of this hobby I send this memo, which may or may not be helpful to you but which explains my position.

04-22-1971 Justice Douglas, Opinion, William O. Douglas

Clay v. United States, 403 U.S. 698 (1971)

This case is very close in its essentials to Negre v. Larson, 400 U.S. -, decided March 8, 1971. The Church to which that registrant belonged favored "just" wars and provided guidelines to define them. The Church did not oppose the war in Vietnam but the registrant refused to comply with an order to go to Vietnam because participating in that conflict would violate his conscience. The Court refused to grant him relief as a conscientious objector, overruling his constitutional claim.