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Globe Newspaper Co. V. Superior Court, County Of Norfolk (1981)

 

Document 1

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 24th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 24th, 1982
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: Warren E. Burger
To: Conference
Copied: None
On: May 24th, 1982
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: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: May 25th, 1982
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: Will Write Separately If...
Justice states conditions for writing a separate opinion; memo may also state conditions for withdrawing a separate opinion
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 5

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 25th, 1982
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 6

From: John Paul Stevens
To: Conference
Copied: None
On: June 8th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: Warren E. Burger
To: Conference
Copied: None
On: June 9th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 8

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 10th, 1982
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 9

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 10th, 1982
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 10

From: Warren E. Burger
To: Conference
Copied: None
On: June 10th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Warren E. Burger
To: Conference
Copied: None
On: June 15th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 12

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 17th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 13

From: Harry A. Blackmun
To: William J. Brennan, Jr., John Paul Stevens
Copied: None
On: June 17th, 1982
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 14

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: June 17th, 1982
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 15

From: Warren E. Burger
To: Conference
Copied: None
On: June 17th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 16

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 17th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 17

From: John Paul Stevens
To: Conference
Copied: None
On: June 18th, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 18

From: Sanda Day O'Connor
To: Conference
Copied: None
On: June 18th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: Warren E. Burger
To: Conference
Copied: None
On: June 18th, 1982
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 21st, 1982
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 21st, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 23rd, 1982
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference