Ballard v. U.S. (No. 37-Dec. 1946)
Scope and Contents
This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.
Dates
- Creation: 1945-1957, n.d.
Access Restrictions:
No restrictions.
Full Extent
From the Series: 0.4 Linear Feet
Language of Materials
From the Collection: English
Abstract
Question as to federal rule for use of qualified women jurors in light of California law and practice. Drafts of memoranda supplementing Justice Frankfurter's dissent; memorandum of oral statement of dissent; memorandum re error in dissent.
Burton memoranda prepared for inclusion in dissent of Justice Frankfurther (eventually filed as separate dissent in printed opinion). Burton objects to Court's dismissal of indictment in United States District Court, Southern District of California, because women not included in federal jury lists at time indictment handed down. Federal jury eligibility predicated on state law. Although women eligible in California at that time, Burton maintains state law was directory not mandatory, therefore District Court not in violation of state statute when it excluded women. Burton noted policy already changed at time of Court's opinion. Lower court case: 152 F.2d 941 (9th Cir. 1945).
Repository Details
Part of the George J. Mitchell Department of Special Collections & Archives, Bowdoin College Library, Brunswick, Maine 04011 Repository
