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."