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Madison Joint School District No. 8 V. Wisconsin Employment Relations Commission (1976)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: October 28th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Warren E. Burger
To: Conference
Copied: None
On: November 1st, 1976
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: None
On: November 2nd, 1976
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 4

From: Warren E. Burger
To: Conference
Copied: None
On: November 5th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Warren E. Burger
To: Lewis F. Powell
Copied: Conference
On: November 8th, 1976
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 6

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 8th, 1976
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 7

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 9th, 1976
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 8

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 9th, 1976
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 9

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: None
On: November 10th, 1976
Action: Await Concurrence
Justice awaits a concurring opinion, including an opinion that concurs in part or that concurs in judgment

Document 10

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 10th, 1976
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.

Document 11

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 12th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 15th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 13

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: November 15th, 1976
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 14

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 15th, 1976
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 15

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 16th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 16

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 16th, 1976
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 17

From: Potter Stewart
To: Conference
Copied: None
On: November 16th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 18

From: Warren E. Burger
To: Conference
Copied: None
On: November 16th, 1976
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 19

From: Potter Stewart
To: Conference
Copied: None
On: November 17th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: November 18th, 1976
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 21

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: November 18th, 1976
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 22

From: Warren E. Burger
To: Conference
Copied: None
On: November 18th, 1976
Action: Majority Opinion
This refers to a majority opinion draft

Document 23

From: Warren E. Burger
To: Conference
Copied: None
On: November 18th, 1976
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 24

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 18th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: November 19th, 1976
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 26

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 19th, 1976
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Thank You Notes
Justices circulate memos thanking another justice for making a change to an opinion or thanking an author for considering a justice's suggestions

Document 27

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: November 19th, 1976
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 28

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 19th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 29

From: Harry A. Blackmun
To: Warren E. Burger
Copied: None
On: November 22nd, 1976
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 30

From: Harry A. Blackmun
To: Warren E. Burger
Copied: Conference
On: November 22nd, 1976
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 31

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: November 22nd, 1976
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 32

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: None
On: November 22nd, 1976
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 33

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 23rd, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 34

From: Potter Stewart
To: Conference
Copied: None
On: November 24th, 1976
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 35

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: November 30th, 1976
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 36

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 30th, 1976
Action: Withdraw Join of Separate Opinion
This includes withdrawing joins of dissents and concurrences and withdrawing joins of part of a separate opinion. The identity of the separate opinion author whose opinion had previously been joined is located in the JOINED variable.
Action: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot