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Will
Timeline—Part
1 |
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Deciding to Grant Review: First Filings to
Grant of Certiorari (1/11/88 - 4/18/88) | |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
BRW |
Other |
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Petitioner Will files Petition for
Certiorari |
01-11-88 |
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Docket
Petition |
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Respondent Michigan Department of State
Police files waiver of right to respond |
02-08-88 |
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Docket |
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Petition for certiorari distributed
to chambers for consideration at February
26, 1988 cert conference |
02-10-88 |
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Docket |
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HAB's clerk EB circulates memorandum to the
pool. EB states that the case presents the
unresolved issue of whether a state is a
person for purposes of
§1983 and thus subject to suit in state
court under the statute. EB recommends that
the Court call for a response in
anticipation of granting certiorari. |
02-19-88 |
Memo EB to HAB |
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WJB's clerk EJR writes memo to WJB
recommending calling for response in
anticipation of granting certiorari. EJR
says question of
whether states are persons has divided the
lower courts and is ripe for resolution.
EJR says the petitioner's lawyers appear
"super." |
02-19-88 |
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Memo EJR to WJB |
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EB or HAB annotates HAB's copy of the pool
memo, indicating that EB recommends calling
for response. |
02-20-88 |
Memo EB to HAB |
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Court requests response from Michigan
Department. |
02-26-88 |
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Docket |
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Michigan Department of State Police files
a Brief in Opposition to Certiorari.
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03-28-88 |
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Docket
BIO |
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Petition and Brief in Opposition are
redistributed to chambers for consideration
at the April 15, 1988 cert conference |
03-30-88 |
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Docket |
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TM's clerk CSS writes memo to TM tentatively
recommending grant but cautioning that this
could lead to the Court affirming and thus
precluding §1983 suits against states even
in state courts. |
04-6-88 |
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Memo CSS to TM |
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HAB annotates CSS's memo indicating he will
"Join 3." |
04-14-88 |
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Memo CSS to TM |
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EB annotates HAB's copy of the pool memo and
recommends granting certiorari |
04-14-88 |
Memo EB to HAB |
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Petition discussed in conference. Court
decides to grant certiorari 7-2. JPS and
SOC would deny. |
04-15-88 |
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WJB Docket (Vote Record)
Memo EJR to WJB |
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Order granting certiorari issued |
04-18-88 |
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WJB Docket (Vote Record) |
TM Docket (Vote Record) |
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Docket |
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Will
Timeline—Part 2 |
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Briefing, Argument & Decision on the Merits
(4/19/88 - 12/7/88) |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
BRW |
Other |
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Time for filing Petitioner's brief on the
merits extended to June 18, 1988. |
05-05-88 |
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Docket |
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Record filed. |
05-12-88 |
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Docket |
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Joint Appendix filed |
06-17-88 |
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Docket
Joint Appendix |
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Brief for Petitioner Ray Will filed |
06-17-88 |
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Docket
Petitioner Brief |
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Brief for Amicus Lawyers Committee for Civil
Rights Under Law et al. filed |
06-17-88 |
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Docket
LCCR Brief |
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Time for filing Respondent's brief on the
merits extended to August 3, 1988 |
06-24-88 |
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Docket |
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Application of Petitioner for extension of
time to file reply brief submitted to Chief
Justice (WHR) |
07-20-88 |
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Docket |
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WHR extends Petitioner's time to file
reply brief to September 16, 1988 |
07-25-88 |
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Docket |
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Brief of Respondent Michigan Department of
State Police filed |
08-03-88 |
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Docket
Respondent Brief |
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Brief of Amicus National Governor's
Association filed |
08-03-88 |
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Docket
NGA Brief |
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Brief of Amicus State of Tennessee
filed |
08-03-88 |
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Docket
Tenn Brief |
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Briefs circulated to chambers |
08-18-88 |
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Docket |
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Reply Brief of Petitioner Ray Will filed |
09-15-88 |
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Docket
Reply Brief |
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Case set for argument on December 5, 1988. |
09-30-88 |
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Docket |
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A member of the public named Michael
McGovren (sic) purports to file an "informal
amicus brief" in the case. |
10-09-88 |
Letter from M McGovren |
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Clerk rejects "informal amicus brief" |
10-26-88 |
Letter from M McGovren |
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"Informal amicus brief" is sent to HAB |
11-04-88 |
Letter from M McGovren |
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HAB's clerk DCM writes memo to HAB
suggesting that it will be difficult to
reverse in light of Quern but suggesting a
reversal and remand to determine whether the
state has waived its sovereign immunity. |
11-20-88 |
Memo DCM to HAB |
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WJB's clerk LH writes
memo to WJB recognizing that it would be
extremely difficult to justify reversal
without overturning Quern. (The case
description sheet was probably attached to
this memo.) |
11-21-88 |
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Memo LH to WJB
Case Description |
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TM's clerk JMS writes memo to TM
recommending affirming. |
11-23-88 |
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Memo JMS to TM |
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TM attaches note to JMS memo.
"Affirm."
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11-24-88 |
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Memo JMS to TM |
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HAB prepares handwritten pre-argument notes
indicating that he expects to vote to
dismiss as improvidently granted or to
affirm |
12-01-88 |
Memo HAB to Self
Transcript |
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Case argued. |
12-05-88 |
HAB Oral Arg Notes
Transcript
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Oral Argument Transcript & Audio
Docket |
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DCM writes memo to HAB discussing the
jurisdictional issue |
12-05-88 |
Memo DCM to HAB |
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DCM writes second memo to HAB discussing
jurisdictional issue. |
12-05-88 |
Memo DCM to HAB(2) |
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WJB prepares typed remarks on Will to
deliver at the conference |
12-06-88 |
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WJB Notes for Conf |
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Will discussed in conference.
Court votes 5 to 3 to 1 to affirm.
WJB, TM, and HAB vote to reverse. JPS votes
to affirm in part and reverse in part. |
12-07-88 |
HAB Conf Notes
Transcript
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WJB Conf Notes
Transcript
WJB Docket (Vote Record
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TM Conf Notes
Transcript
TM Docket (Vote Record) |
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Will Timeline—Part 3 |
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Drafting the Opinions: From First Drafts to
Final Opinions (12/8/88
- 6/15/89) |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
BRW |
Other |
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Majority opinion assigned to BRW |
12-12-88 |
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TM Docket (Vote Record) |
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WJB writes memo to TM and HAB (not the
conference) indicating that he will
undertake the dissent. |
01-05-89 |
Memo WJB to TM & HAB |
Memo WJB to TM & HAB |
Memo
WJB to TM & HAB |
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Respondents move for leave to file a
supplemental brief after argument.
(Although this motion was granted, see
01-23-89, no copy of such a brief was found.) |
01-14-89 |
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Docket |
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BRW circulates first draft of opinion. |
01-16-89 |
BRW 1st Draft* |
BRW 1st Draft* |
BRW 1st Draft* |
BRW 1st Draft |
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SDO writes BRW that she will join his
opinion |
01-17-89 |
Memo SDO to BRW |
Memo SDO to BRW |
Memo SDO to BRW |
Memo SDO to BRW |
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WJB writes BRW that he will circulate a
dissent |
01-17-89 |
Memo WJB to BRW |
Memo WJB to BRW |
Memo WJB to BRW |
Memo WJB to BRW |
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DCM writes HAB recommending circulating note
indicating that HAB will await the dissent. |
01-18-89 |
Memo DCM to HAB |
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TM writes BRW that TM will await the dissent |
01-18-89 |
Memo TM to BRW |
Memo TM to BRW |
Memo TM to BRW |
Memo TM to BRW |
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Court grants respondents' motion for leave
to file supplemental brief after argument.
(No copy of such a brief has been found.) |
01-23-89 |
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Docket |
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HAB writes BRW that HAB will await the
dissent |
01-23-89 |
Memo HAB to BRW |
Memo HAB to BRW |
Memo HAB to BRW |
Memo HAB to BRW |
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WHR writes BRW that WHR will join BRW's
opinion |
01-23-89 |
Memo WHR to BRW |
Memo WHR to BRW |
Memo WHR to BRW |
Memo WHR to BRW |
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AGS writes BRW that AGS will join BRW's
opinion |
01-25-89 |
Memo AGS to BRW |
Memo AGS to BRW |
Memo AGS to BRW |
Memo AGS to BRW |
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BRW circulates second draft of opinion |
02-15-89 |
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BRW 2nd Draft |
BRW 2nd Draft |
BRW 2nd Draft |
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WJB circulates first draft of dissent |
05-08-89 |
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WJB 1st Draft Dissent |
WJB 1st Draft Dissent* |
WJB 1st Draft Dissent |
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DCM writes HAB recommending that he join the
opinion. She states that she had convinced
WJB's clerk to modify the opinion in one
respect and indicates she would like to
recommend two minor stylistic revisions. |
05-09-89 |
Memo DCM to HAB |
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TM writes WJB that TM will join WJB's
dissent |
05-09-89 |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
Memo TM to WJB |
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BRW circulates third draft of opinion |
05-11-89 |
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BRW 3rd Draft |
BRW 3rd Draft |
BRW 3rd Draft |
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WJB circulates second draft of his dissent |
05-15-89 |
WJB 2nd Draft Dissent |
WJB 2nd Draft Dissent |
WJB 2nd Draft Dissent |
WJB 2nd Draft Dissent |
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AMK writes BRW that he AMK will join BRW's
opinion |
05-18-89 |
Memo AMK to BRW |
Memo AMK to BRW |
Memo AMK to BRW |
Memo AMK to BRW |
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FDW writes BRW with draft syllabus. (The
draft syllabus has not been found.) |
05-19-89 |
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Memo FDW to BRW |
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BRW replies to FDW's proposed syllabus with
one change. |
05-19-89 |
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Memo BRW to FDW |
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BRW writes FDW approving new proposed
syllabus. |
05-22-89 |
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Memo BRW to FDW |
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BRW circulates fourth draft of opinion |
05-23-89 |
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BRW 4th Draft |
BRW 4th Draft |
BRW 4th Draft |
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HAB writes WJB that HAB will join WJB's
dissent |
05-25-89 |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
Memo HAB to WJB |
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JPS sends BRW a typed version "Draft 3" of
his proposed dissent. (It pre-dates printed
drafts one through four of JPS's dissent.)
This document is
titled "Draft 3 - LJL [MIDEI/MIDEIF] JPS/jrh
[Willi,Willif]" which may mean that it was
partially drafted by one of JPS's clerks,
probably Lewis J. Liman. |
05-31-89 |
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JPS Typed Draft Dissent |
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JPS circulates first printed draft dissent |
06-01-89 |
JPS 1st Draft Dissent |
JPS 1st Draft Dissent |
JPS 1st Draft Dissent |
JPS 1st Draft Dissent |
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BRW circulates fifth draft opinion |
06-02-89 |
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BRW 5th Draft |
BRW 5th Draft |
BRW 5th Draft |
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JPS circulates second printed draft dissent |
06-05-89 |
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JPS 2nd Draft Dissent |
JPS 2nd Draft Dissent |
JPS 2nd Draft Dissent |
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BRW circulates sixth draft opinion |
06-05-89 |
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BRW 6th Draft |
BRW 6th Draft |
BRW 6th Draft |
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JPS circulates third draft dissent |
06-07-89 |
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JPS 3rd Draft Dissent |
JPS 3rd Draft Dissent |
JPS 3rd Draft Dissent |
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JPS circulates fourth draft dissent |
06-09-89 |
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JPS 4th Draft Dissent |
JPS 4th Draft Dissent |
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WJB circulates third draft dissent |
06-12-89 |
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WJB 3rd Draft Dissent |
WJB 3rd Draft Dissent |
WJB 3rd Draft Dissent |
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BRW circulates seventh draft opinion |
06-12-89 |
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BRW 7th Draft |
BRW 7th Draft |
BRW 7th Draft |
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BRW circulates memo to conference
recommending actions to be taken on cases
held pending the decision in Will. |
06-13-89 |
Memo BRW to Conf |
Memo BRW to Conf* |
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WJB circulates a slightly
revised version of the third draft of
his dissent. It appears to make only
stylistic changes to the version circulated
on 06-12-89 (e.g., changing "it" to
Congress" in the last paragraph on page 9). |
06-14-89 |
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WJB 3rd Draft Dissent (v2) |
WJB 3rd Draft Dissent (v2) |
WJB 3rd Draft Dissent (v2) |
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WJB circulates unnumbered draft of dissent
making one additional change. |
06-14-89 |
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WJB Dissent |
WJB Dissent |
WJB Dissent |
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Opinions announced |
06-15-89 |
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TM Docket (Vote Record) |
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Docket |
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Will
Timeline—Part 4 |
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After the Decision: Post-Decision Events
(6/16/89 -
1/13/92) |
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Documents |
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Event |
Date |
HAB |
WJB |
TM |
BRW |
Other |
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Ivan Douglas Sahlman (apparently a member of
the public) writes HAB praising WJB's
dissent. |
01-13-92 |
Letter from I. Sahlman |
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