The Emerging Jurisprudence of Justice O'Connor
January 1, 1985
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COMMENTS
The Emerging Jurisprudence of Justice O'Connor
TABLE OF CONTENTS
THE ROLE OF THE COURT. 392
"Traditional" Judicial Restraint. 394
Stare Decisis 394
New York v. Quarles
City of Akron v. Akron Center for Repro ductive Health, Inc.
Statutory Construction 403
Immigration & Naturalization Service v.
Phinpathya
Securities Industry Association v. Board of Governors of the Federal Reserve System
Bowsher v. Merck & Co.
"Activist" Judicial Restraint. 408
Review of Agencies and Officials 409
Allen v. Wright
Block v. Community Nutrition Institute
Review of Legislation 417
ASARCO Inc. v. Idaho State Tax Com- mission
Zobel v. Williams
FEDERALISM AND THE COURT 423
Federal Legislation as a Limitation on State Power. 423
Tenth Amendment Limitations on Federal Power 423
Federal Energy Regulatory Commission v.
Mississippi
Garcia v. San Antonio Metropolitan Transit Authority
Federal Preemption of State Legislation 428
389
390 The University of Chicago Law Review
Southland Corp. v. Keating
Brown v. Hotel & Restaurant Employees In ternational Union Local 54
The Federal and State Judiciaries. 430
Exhaustion of State Remedies 430
Rose v. Lundy Engle v. Isaac
Adequate and Independent State Grounds. 433
Michigan v. Long
THE CALCULUS OF INTERESTS: PRIVATE RIGHTS
AND THE AUTHORITY TO GOVERN. 437
Deference to Government Interests: Criminal Procedure 438
Privacy Rights and Law Enforcement 438
United States v. Place Hudson v. Palmer
Double Jeopardy. 443
Thigpen