Reference no: EM131519083

Legal Realism versus Legal Formalism

Matching Exercise

1. Legal realism

2. Legal formalism

A. Legalization of gay marriage by the Massachusetts Supreme Court.

B. Boyd v. United States (1886) was a decision by the United States Supreme Court, which held that "a search and seizure [was] equivalent [to] a compulsory production of a man's private papers" and that the search was "an 'unreasonable search and seizure' within the meaning of the Fourth Amendment."

C. Marshall v. Barlow's, Inc (1978) the inspection without a warrant or its equivalent pursuant to § 8(a) of OSHA violated the Fourth Amendment.

D. Wolf v. Colorado (1949)protection against arbitrary invasions of a person's privacy is fundamental to the preservation of a free society; "it is at the core of the Fourth Amendment."

E. In Fisher v. United States (1976) the Court reasoned that wwhether or not the Fifth Amendment would have barred a subpoena directing the taxpayers to produce the documents while they were in their hands, the taxpayers' privilege under that Amendment is not violated by enforcing the summonses, because enforcement against a taxpayer's lawyer would not "compel" the taxpayer to do anything, and certainly would not."