Legal Opinion

Unzueta v. Ocean View School District

California Court of Appeal

Decided June 4, 1992No. B058873PublishedCited by 85 opinions

1Opinion of the Court

Opinion

YEGAN, J.

In 1935 Judge Learned Hand asked: “How far is a judge free in rendering a decision?” (Hand, The Spirit of Liberty (1952).) Judge Hand *1693did not answer the question but did put the judicial dilemma in perspective by saying: “So you will see that a judge is in a contradictory position; he is pulled by two opposite forces. On the one hand he must not enforce whatever he thinks best; he must leave that to the common will expressed by the government. On the other, he must try as best he can to put into concrete form what that will is, not by slavishly following the words, but by…

2Cases cited32 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  3. Riggs v. . PalmerNew York Court of Appeals · 1889
  4. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  5. Day-Brite Lighting, Inc. v. MissouriSupreme Court of the United States · 1952

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3Cited by85 opinions

  1. Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  2. MacIsaac v. Waste Management Collection & Recycling, Inc.California Court of Appeal · 2005
  3. AILANTO PROPERTIES, INC. v. City of Half Moon BayCalifornia Court of Appeal · 2006
  4. Switzer v. Wood, California Court of Appeal, 5th District2019
  5. People v. AnzaloneCalifornia Supreme Court · 1999

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