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Hawaii V. Standard Oil Co. Of California (1971)

 

Case Details

Docket Number: 70-49
Case Term: 1971

Justices Involved

Justice Thurgood Marshall
Justice William O. Douglas
Justice Warren E. Burger
Justice Potter Stewart
Justice Harry A. Blackmun
Justice William J. Brennan, Jr.
Justice Byron R. White

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Download Documents PDF

Document 1

From: Thurgood Marshall
To:
Copied: None
On: None provided.
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Thurgood Marshall
To: Conference
Copied: None
On: November 4th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 3

From: William O. Douglas
To: Conference
Copied: None
On: November 8th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 4

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: November 9th, 1971
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: William O. Douglas
To: Conference
Copied: None
On: November 9th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 6

From: William O. Douglas
To: Conference
Copied: None
On: November 10th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 7

From: Potter Stewart
To: Conference
Copied: None
On: November 26th, 1971
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 8

From: Harry A. Blackmun
To: Potter Stewart
Copied: Conference
On: November 29th, 1971
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 9

From: Thurgood Marshall
To: Conference
Copied: None
On: December 8th, 1971
Action: Majority Opinion
This refers to a majority opinion draft

Document 10

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: December 10th, 1971
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 11

From: Potter Stewart
To: Byron R. White, Harry A. Blackmun
Copied: None
On: January 24th, 1972
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
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 12

From: Potter Stewart
To: Conference
Copied: None
On: January 25th, 1972
Action: Unlabeled Opinion
This refers to an opinion draft that is not labeled as a dissent, concurrence, or memorandum

Document 13

From: Thurgood Marshall
To: Conference
Copied: None
On: January 25th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 14

From: William O. Douglas
To: Conference
Copied: None
On: January 26th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 15

From: Thurgood Marshall
To: Conference
Copied: None
On: February 3rd, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Potter Stewart
To: Thurgood Marshall
Copied: Conference
On: February 4th, 1972
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: Withdraw Concurring Opinion
This includes withdrawn concurrences in part, concurrence in judgment, and concurrence at foot

Document 17

From: Byron R. White
To: Thurgood Marshall
Copied: Conference
On: February 5th, 1972
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 18

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 9th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 19

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: February 10th, 1972
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: Thurgood Marshall
To: Conference
Copied: None
On: February 10th, 1972
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: February 17th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 22

From: William O. Douglas
To: Conference
Copied: None
On: February 17th, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 23

From: William O. Douglas
To: William J. Brennan, Jr.
Copied: Conference
On: February 17th, 1972
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.
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 24

From: Thurgood Marshall
To: William O. Douglas
Copied: None
On: February 17th, 1972
Action: Miscellaneous Personal
This includes such memos that, e.g., requests an autographed copy of the opinion

Document 25

From: William O. Douglas
To: Conference
Copied: None
On: February 21st, 1972
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 26

From: Warren E. Burger
To: Thurgood Marshall
Copied: Conference
On: February 28th, 1972
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.