CALIFORNIA | LOCAL
September 6, 1986
Analogy is the mother's milk of Anglo-Saxon legal thinking. Our rich system has grown, largely because judges, attorneys, and in recent times, legislators have seized upon the similarities in apparently dissimilar situations to fashion "new," dynamic and often controversial legal principles. Sometimes, the milk curdles, and analogical thinking becomes strained, as lawyers weave thin strands by "extending" vague principles to totally novel situations. Historians deal more cautiously with the always tempting appeal of analogy.
November 2, 1986 |
On the first Monday in August, a temperate, foggy morning, Chief Justice-designate William H. Rehnquist stood and faced his audience. He had just finished two days of interrogation before the Senate Judiciary Committee. The group he was about to address, though, consisted not of senators in Washington but of students in Malibu: As the committee deliberated, he headed for the West Coast to teach a two-week seminar to two dozen future lawyers.
December 13, 1988 |
The Supreme Court, in a key ruling supporting the enforcement powers of the National Collegiate Athletic Assn., ruled Monday that the organization may force Nevada Las Vegas to suspend its highly successful basketball coach, Jerry Tarkanian, for recruiting violations and other irregularities. On a 5-4 vote, the high court said that the NCAA does not have to follow the same constitutional guidelines that cover government agencies in investigating violations of regulations.
December 13, 2000
Chief Justice Rehnquist, with whom Justice Scalia and Justice Thomas join, concurring. We join the per curiam opinion. We write separately because we believe there are additional grounds that require us to reverse the Florida Supreme Court's decision. * I We deal here not with an ordinary election, but with an election for the President of the United States. In Burroughs v. United States, 290 U. S.
October 16, 2011 |
Five Chiefs A Supreme Court Memoir John Paul Stevens Little Brown: 292 pp., $24.99 There is something about the dignity of the Supreme Court that apparently causes its justices to adjust its realities in their writings. Chief Justice Earl Warren, the first chief to write an autobiography (though he died before finishing it), insisted that there had never been any disagreement among his colleagues over Brown vs. Board of Education; that was quaint but false. Justice Stephen Breyer's most recent book held that the brethren "maintain good relations with one another" no matter how deep their differences; that too is a bit hard to believe.
February 19, 1989
Combining personal anecdote and juridical analysis, the chief justice of the United States presents details of his own background and discusses the history of the Supreme Court in language accessible to the literate layman. Rehnquist does not discuss court cases since 1953 in which his current colleagues played a part. He writes instead of his own beginnings as law clerk to Robert H. Jackson, an associate justice of the Supreme Court, and of his first years at the Capital.
April 16, 2004 |
'Centennial Crisis' The Disputed Election of 1876 William H. Rehnquist Alfred A. Knopf: 276 pp., $26 * There was some murmuring in political circles when it became known that William H. Rehnquist, chief justice of the U.S. Supreme Court, was writing a book about the first time the court helped decide a disputed presidential election. Might Rehnquist use the 1876 contest between Republican Rutherford B. Hayes and Democrat Samuel J.
June 27, 1989 |
Murderers who are as young as 16 or who suffer mental retardation may be put to death, the Supreme Court said Monday, ruling that the execution of such people is not "cruel and unusual" punishment banned by the Eighth Amendment. On a 5-4 vote, the justices said that neither youth nor mild retardation bars a state from imposing a death sentence, so long as a jury has considered these factors before deciding a defendant's fate. The two rulings affect only a few dozen of more than 2,200 inmates on Death Row in the United States, but they show clearly that the court's conservative majority intends to defer to state legislatures on the death penalty.