A Study of the Judicial Philosophy and Voting Patterns of United States Supreme Court Justice Byron R. White in the Areas of Criminal Procedure and Civil Rights
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Authors
Doornweerd, Michael A.
Issue Date
1992
Type
Thesis
Language
en_US
Keywords
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Abstract
This paper will attempt to analyze and explain the jurisprudence and voting
patterns of Justice White. In doing so, it will explore the life of the Justice prior to
his assent to the High Court, illustrating the fact that Byron White's judicial
philosophy is greatly influenced by his pre-bench experiences. Next, it will
examine Justice White's record on criminal procedure. It is in this area of law
that White has had the greatest impact on the Court, and has been most prolific.
Finally, the paper will turn to the interesting dichotomy presented by Justice
White's record on civil rights. On bedrock civil rights issues, White carries on the
legacy of the Warren Court, but on more modern civil rights issues, he is quite
conservative. This examination of White's jurisprudence is by no means
complete. The Justice's record on the First Amendment, federalism, and in other
areas, is interesting, deserving of further study and undoubtedly would offer
further insights into his judicial philosophy. Nevertheless, the examination of
Justice Byron White's life, and his jurisprudence in criminal procedure and civil
rights, helps to explain and illustrate the judicial philosophy he has used, and
continues to use, in making some of the most important decisions on issues
facing this nation.
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Description
v, 129 p.
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