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Herbert V. Lando (1978)

 

Document 1

From: Lewis F. Powell
To: Byron R. White
Copied: None
On: February 7th, 1979
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
Action: May Join Majority Opinion
Memos where a justice states the intent to join the majority opinion later (e.g., may join majority; will probably join majority; could join majority; agree tentatively; inclined to join; close to joining; agrees generally; agree with most of opinion; in basic agreement; intend to join; am prepared to join; expect to join; expect to join part of majority opinion; join unless someone else dissents; will join majority opinion if no majority exists; join unless someone else persuades me

Document 2

From: Byron R. White
To: Lewis F. Powell
Copied: None
On: February 8th, 1979
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 3

From: William H. Rehnquist
To: Byron R. White
Copied: Conference
On: February 8th, 1979
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 4

From: Byron R. White
To: Conference
Copied: None
On: February 8th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 8th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: Lewis F. Powell
To: Byron R. White
Copied: Conference
On: February 9th, 1979
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: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 7

From: John Paul Stevens
To: Byron R. White
Copied: Conference
On: February 12th, 1979
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 8

From: Warren E. Burger
To: Byron R. White
Copied: Conference
On: February 14th, 1979
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 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 22nd, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 10

From: Harry A. Blackmun
To: Byron R. White
Copied: Conference
On: February 22nd, 1979
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 11

From: Potter Stewart
To: Conference
Copied: None
On: February 23rd, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: Byron R. White
To: Conference
Copied: None
On: February 28th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: March 2nd, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 14

From: Lewis F. Powell
To: Conference
Copied: None
On: March 28th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Lewis F. Powell
To: Conference
Copied: None
On: March 28th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 16

From: Thurgood Marshall
To: Conference
Copied: None
On: April 6th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 17

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 9th, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: April 12th, 1979
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Lewis F. Powell
To: Conference
Copied: None
On: April 12th, 1979
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 20

From: Byron R. White
To: Conference
Copied: None
On: April 12th, 1979
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 13th, 1979
Action: Dissent in Part
This refers to a dissenting opinion draft that applies to part of the majority