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Praprotnik Timeline—Part
1 |
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Deciding to Grant Review: First Filings to
Grant of Certiorari (11/13/86 - 01/12/87) |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
LFP |
BRW |
Other |
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Petition for Certiorari Filed |
11/13/86 |
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WJB Docket (Vote Record) |
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Petition
Docket |
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Brief in Opposition Filed |
12/12/86 |
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Brief in Opposition
Docket |
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Petition and Brief circulated to chambers |
12/17/86 |
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Docket |
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BSB circulates pool memo |
12/23/86 |
Memo BSB to Pool* |
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Memo BSB to Pool* |
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BSB annotates memo with recommendation to
HAB to grant limited to Question 2. |
12/26/86 |
Memo BSB to Pool* |
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RJM writes memo to LFP recommending granting
certioriari on Question 2 only. |
12/26/86 |
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Memo RHM to LFP |
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LFP annotates RHM memo and agrees with
recommendation |
12/26/86 |
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Memo RHM to LFP |
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LFP annotates BSB's pool memo |
12/27/86 |
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Memo BSB to Pool* |
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RH writes memo to TM recommending denial of
certiorari |
12/28/86 |
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Memo RH to TM |
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Discussed in conference and certiorari
granted limited to Question 2 (Vote 6-3) |
01/09/87 |
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WJB Conf Action Record
WJB Docket (Vote Record) |
TM Docket (Vote Record) |
LFP Docket (Vote Record) |
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Docket |
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Order granting certiorari issued |
01/12/87 |
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WJB Docket (Vote Record) |
TM Docket (Vote Record) |
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Docket |
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Praprotnik Timeline—Part
2 |
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Briefing, Argument & Decision on the Merits (01/27/87 - 10/19/87) |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
LFP |
BRW |
Other |
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Time for filing petitioner's brief extended
to March 13 |
01/27/87 |
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Docket |
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Record filed and certified copy of original
record received |
02/13/87 |
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Docket |
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Joint Appendix Filed |
02/26/87 |
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Docket |
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Jt Appendix |
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Time for filing petitioner's brief extended
to March 27 |
03/04/87 |
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Docket |
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Brief for Petitioner filed |
03/27/87 |
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Docket |
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Brief for Petitioner |
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Brief for Amici International City
Management Association et al. filed |
03/27/87 |
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Docket |
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Brief for Amici ICMA |
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Brief for Amicus City of Little Rock filed |
03/27/87 |
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Docket |
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Brief for Amicus Little Rock |
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Time for filing respondent's brief extended
to May 18 |
04/16/87 |
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Docket |
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Time for filing respondent's brief extended
to June 1 |
05/04/87 |
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Docket |
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Brief for Amici AFL-CIO et al filed |
05/13/87 |
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Docket |
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Brief for Amicus AFL-CIO |
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Time for filing respondent's brief extended
to June 5 |
05/29/87 |
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Docket |
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Brief for Respondent filed |
06/05/87 |
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Docket |
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Brief for Respondent |
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Briefs Circulated |
07/02/87 |
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Docket |
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Set for Oral Argument on October 7 |
07/20/87 |
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Docket |
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Reply Brief filed |
08/28/87 |
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Docket |
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Reply Brief |
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HL writes bench memo to
TM recommending reversal |
9/25/1987 |
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Memo HL to TM |
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AnnK writes bench memo to HAB recommending
dismissing certiorari as improvidently
granted or, in the alternative, reversal |
09/29/87 |
Memo AnnK to HAB |
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HAB prepares notes prior to oral argument |
10/03/87 |
Memo HAB to Self |
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[Transcript] |
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JRG writes bench memo to WJB recommending
reversal. Attaches case summary. |
10/05/87 |
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Memo JRG to WJB
Case Summary |
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WJB makes notes on case summary which was
probably attached to JRG's bench memo.
WJB notes problems with plaintiff's case and
problems with defendant's proffered
instructions. |
10/05/87 |
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Case Summary |
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HAB reviews and annotates proposed oral
argument questions |
10/06/87 |
HAB Questions |
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Oral Argument |
10/07/87 |
HAB Argument Notes |
WJB Circ Record |
TM Docket (Vote Record) |
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Docket |
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[Transcript] |
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Oral Argument Transcript with Audio |
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WJB prepares typewritten notes to deliver at
conference. Will recommend reversal
and remand without adopting new "ultimate
authority" standard. |
10/8/87 |
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WJB Notes for Conference |
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Case discussed in conference.
Six justices vote to reverse and JPS
votes to affirm. AGS
indicates that
respondeat superior is "water over the dam,
now"; and, while tentatively agreeing with
SDO (to reverse), he wants to see what JPS
writes. [LFP had already retired.] |
10/09/87 |
HAB Conference Notes |
WJB Conference Notes |
TM Conference Notes |
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[Transcript] |
[Transcript] |
[Transcript] |
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WJB Docket (Vote Record)
WJB Conference Vote Record |
TM Docket (Vote Record) |
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Majority opinion assigned to SDO (but see
10/19/87) |
10/13/87 |
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TM Docket (Vote Record) |
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Majority opinion assigned to SDO (but see
10/13/87) |
10/19/87 |
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WJB Conference Vote Record
WJB Circ Record |
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Praprotnik Timeline—Part
3 |
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Drafting the Opinions: From First Drafts to
Final Opinions (10/29/87 - 03/02/88) |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
LFP |
BRW |
Other |
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SDO circulates first draft of opinion. |
10/29/87 |
SDO 1st Draft |
WJB Circ Record |
SDO 1st Draft* |
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SDO 1st Draft* |
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BRW's Clerk AJB annotates SDO 1st
Draft with substantial proposed changes.
Compare AJB's memo of 11/2. |
10/30/87 |
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SDO 1st Draft |
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AnnK writes memo to HAB expressing serious
concerns |
10/30/87 |
Memo AnnK to HAB |
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AJB writes memo to BRW recommending not
joining SDO's opinion in its then current
form expressing concern about the proper way
to identify who is a policy maker (in
general or for a particular decision) and
whether liability requires that the policy
itself be unconstitutional. |
11/2/87 |
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Memo AJB to BRW |
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JPS writes SDO indicating that he will write
separately. He has concerns about the
lower court's opinion but believes its
judgment was correct. |
11/02/87 |
Memo JPS to SDO |
Memo JPS to SDO |
Memo JPS to SDO |
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Memo JPS to SDO |
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WHR writes SDO indicating he will join her
opinion |
11/02/87 |
Memo WHR to SDO |
Memo WHR to SDO |
Memo WHR to SDO |
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Memo WHR to SDO |
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WJB writes SDO (but
not the conference) expressing substantial
concerns about language in the SDO's draft
opinion and
suggests changes. (No copy of this
document has been found. Since WJB's
first 11/4 memo indicating that he will now
circulate "my letter of November 3 to the
full Conference," the 11/3 memo was
presumably essentially identical to WJB's
second 11/4 memo.) |
11/03/87 |
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Memo SDO to WJB
Memo WJB to SDO
WJB Circ Record |
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SDO responds to WJB indicating that she will
not make his suggested changes |
11/03/87 |
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Memo SDO to WJB |
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WJB responds to SDO indicating that he will
now circulate the 11/3 memo to the
conference |
11/4/87 |
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Memo WJB to SDO |
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WJB sends SDO (and the
conference)
a memo essentially identical to the one sent
SDO alone on 11/3. |
11/04/87 |
Memo WJB to SDO* |
Memo WJB to SDO
WJB Circ Record |
Memo WJB to SDO* |
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Memo WJB to SDO |
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BRW writes SDO joining her draft
without suggesting any changes.
(Compare AJB's 11/2 memo to BRW.) |
11/05/87 |
Memo BRW to SDO |
Memo BRW to SDO
WJB Circ Record |
Memo BRW to SDO |
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Memo BRW to SDO |
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TM annotates WJB's 11/4 memo indicating that
he agrees |
11/06/87 |
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Memo WJB to SDO* |
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HAB writes SDO indicating he will await
further writing |
11/23/87 |
Memo HAB to SDO |
Memo HAB to SDO |
Memo HAB to SDO |
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Memo HAB to SDO |
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SDO writes WHR & BRW with a copy to AGS (but
not to the rest of the conference) stating
that her current opinion cannot get 5 votes.
WJB, TM, & HAB want a narrower opinion; and
JPS will dissent. AGS
will give SDO a 4th vote (and thus a
4-3-1 plurality) if she makes certain
changes. She attaches a copy of a
second draft of her opinion with the
indicated changes and asks whether those
changes are acceptable. (The
attachment was probably the 11/25 draft
discussed below.) |
11/24/87 |
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Memo SDO to WHR & BRW* |
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SDO circulates second draft of her opinion.
Although the draft indicates it was
circulated on 11/25/87 to all members of the
court, it seems likely that it was the
attachment to SDO's 11/24 memo and was
circulated only to WHR, BRW, and AGS.
No copies of a 2d draft with this date
appear in HAB's, WJB's, or TM's files.
See also HAB's annotations on WHR's 11/25
Memo stating that he is not aware of what
changes SDO was proposing. |
11/25/87 |
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SDO 2d Draft [preliminary?] |
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BRW annotates SDO's 11/24 memo noting that
he does not object to the proposed changes. |
11/25/87 |
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Memo SDO to WHR & BRW* |
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BRW writes SDO that he does not object to
proposed changes. |
11/25/87 |
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Memo BRW to SDO |
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WHR writes SDO that her changes are
acceptable to him. |
11/25/87 |
Memo WHR to SDO* |
Memo WHR to SDO |
Memo WHR to SDO |
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Memo WHR to SDO |
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HAB annotates his copy of
WHR's 11/25 memo
stating that he is not aware of whatever
changes SDO has made in her 1st draft
opinion |
11/26/87 |
Memo WHR to SDO* |
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SDO circulates second draft opinion to the
entire conference. Except for the
date, this document appears identical to the
second draft dated 11/25 which she
previously circulated only to WHR, BRW, and
AGS. |
11/30/87 |
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SDO 2d Draft |
SDO 2d Draft* |
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SDO 2d Draft |
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TM annotates SDO 2d draft indicating he will
await further writing. |
12/01/11 |
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SDO 2d Draft* |
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JPS circulates 1st draft dissent |
12/19/87 |
JPS Draft 1* |
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JPS Draft 1* |
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JPS Draft 1* |
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TM annotates JPS draft indicating
uncertainty |
12/22/11 |
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JPS Draft 1* |
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TM writes SDO indicating he will await
further writing |
12/30/87 |
Memo TM to SDO |
Memo TM to SDO |
Memo TM to SDO |
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Memo TM to SDO |
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SDO circulates 3rd draft opinion (with
response to JPS dissent) |
01/04/88 |
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SDO 3d Draft |
SDO 3d Draft |
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SDO 3d Draft |
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Former Clerk Larry Kramer writes HAB letter
with attached page proof of forthcoming
article by Kramer and Sykes |
01/29/88 |
Letter Kramer to HAB |
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Attached Article |
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AnnK writes note to HAB's secretary Wannet
Smith apparently re filing of Kramer article
and letter |
01/30/88 |
Memo AnnK to WS |
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WJB circulates 1st draft concurrence |
02/03/88 |
WJB Draft 1 |
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WJB Draft 1* |
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WJB Draft 1 |
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TM writes WJB that he will join WJB's
concurrence |
02/05/88 |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
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Memo TM to WJB |
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SDO circulates 4th draft opinion (with
further response to JPS dissent and with
response to WJB's concurrence) |
02/10/88 |
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SDO 4th Draft |
SDO 4th Draft |
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SDO 4th Draft |
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AGS writes SDO that he will join her opinion |
02/17/88 |
Memo AGS to SDO |
Memo AGS to SDO* |
Memo AGS to SDO |
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Memo AGS to SDO |
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HAB writes WJB that he will join WJB's
concurrence |
02/19/88 |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
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Memo HAB to WJB |
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JPS circulates 2nd draft dissent |
02/22/88 |
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JPS 2d Draft |
JPS 2d Draft |
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JPS 2d Draft |
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SDO circulates 5th draft opinion (with
further response to JPS concurrence) |
02/23/88 |
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SDO 5th Draft |
SDO 5th Draft |
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SDO 5th Draft |
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JPS circulates 3rd draft dissent |
02/26/88 |
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JPS 3d Draft |
JPS 3d Draft |
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JPS 3d Draft |
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SDO circulates 6th draft opinion |
03/01/88 |
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SDO 6th Draft |
SDO 6th Draft |
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SDO 6th Draft |
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SDO writes a memo to conference recommending
that the court grant, vacate, and remand
City of Little Rock v. Williams in light of
Praprotnik |
03/01/88 |
Memo SDO to Conf |
Memo SDO to Conf* |
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SDO writes a memo to conference recommending
that the court grant certiorari in City of
Canton v. Harris (held for Praprotnik). |
03/01/88 |
Memo SDO to Conf |
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WJB circulates 2nd draft concurrence |
03/01/88 |
WJB Draft 2 |
WJB Draft 2 |
WJB Draft 2 |
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WJB Draft 2 |
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Opinion Announced |
03/02/88 |
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WJB Circ Record |
TM Docket (Vote Record) |
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Praprotnik Timeline—Part
4 |
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After the Decision: Post-Decision Events |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
LFP |
BRW |
Other |
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—— None Identified —— |
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