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New Motor Vehicle Board Of California V. Orrin W. Fox Co. (1978)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 13th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: November 13th, 1978
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 3

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: November 13th, 1978
Action: Will Write Dissenting Opinion
A memo where a justice states that he or she will circulate a dissenting opinion draft, including that a dissenting opinion will be out soon or that a revised draft of the dissenting opinion will be circulated; this also applies to statements responding to dissent assignments like will be glad to write dissent, self-assignment of dissent (e.g., we are in dissent and I will write it), or requesting permission to write dissent (e.g., is it ok if I write a dissent)

Document 4

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: November 14th, 1978
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 5

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: November 14th, 1978
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
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: 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 6

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: November 14th, 1978
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 7

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: None
On: November 16th, 1978
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 8

From: Thurgood Marshall
To: Conference
Copied: None
On: November 16th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 9

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 20th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: William H. Rehnquist
To: William J. Brennan, Jr.
Copied: Conference
On: November 20th, 1978
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: Harry A. Blackmun
To: Conference
Copied: None
On: November 21st, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 12

From: John Paul Stevens
To: Conference
Copied: None
On: November 22nd, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 13

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 27th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 28th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: John Paul Stevens
To: Conference
Copied: None
On: November 29th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Lewis F. Powell
To: Harry A. Blackmun
Copied: Conference
On: November 29th, 1978
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 17

From: Thurgood Marshall
To: Conference
Copied: None
On: November 29th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 18

From: John Paul Stevens
To: Conference
Copied: None
On: November 30th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: November 30th, 1978
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 20

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 30th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 21

From: Harry A. Blackmun
To: Conference
Copied: None
On: November 30th, 1978
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 22

From: Harry A. Blackmun
To: Lewis F. Powell
Copied: None
On: November 30th, 1978
Action: Concurring Opinion Author's Response
May be response to a suggestion, the majority opinion, another separate opinion; it may say the author made changes and see the attached opinion; it may indicate the opinion has been changed although not prompted by someone else

Document 23

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 1st, 1978
Action: Majority Opinion
This refers to a majority opinion draft