Sunday, September 4, 2005

The Passing of Chief Justice Rehnquist

Chief Justice Williams H. Rehnquist died Saturday evening.  (See Linda Greenhouse's story in the New York Times here and the obituary she authored here). His opinions in the white collar area included some of the following:

The majority opinion in Neder v. United States, 527 U.S. 1 (1999), a case holding that materiality was a required element in the mail and wire fraud statutes.

The majority opinion in Braswell v. United States, 487 U.S. 99 (1988), finding that the custodian of corporate records may not "resist a subpoena for such records on the ground that the act of production would incriminate him in violation of the Fifth Amendment."

The majority opinion in Upjohn Co. v. United States, 449 U.S. 383 (1981) a landmark case on the attorney-client privilege and work product doctrine.

The majority opinion in National Organization v. Scheidler 510 U.S. 249 (1994) holding that RICO does not require and economic motive. And then later in Scheidler v. National Organization for Women, Inc. 537 U.S. 393 (2003) he authored an opinion that agreed that a district court injunction needed to be vacated because all the predicate acts forming the RICO charge were reversed.

The majority opinion in Alexander v. United States, 509 U.S. 544 (1993), remanding a forfeiture order for reconsideration of the Eighth Amendment issue in a RICO case involving the "owner of more than a dozen stores and theaters dealing in sexually explicit materials."

The majority opinion in Adamo Wrecking Co. v.United States , 434 U.S. 27 (1978), a case holding that there would be no judicial review of an "emission standard" as a part of a criminal proceeding for the violation of the Clean Air Act standard.

The majority opinion in United States v. Lopez, 514 U.S. 549 (1995), where the Court held that the Gun-Free School Zones Act exceeded Congress' Commerce Clause authority. Although not a white collar case, it has had its impact on both white collar and non-white collar cases.

The only dissent in the case of United States v. Hubbell, 530 U.S. 27 (2000).

(esp)

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