now, tonight's panel is going to discuss gideon v wainwright. its historic significance and we have four distinguished experts. the first panelist, tim dyk. he's one over from the left there. he was a clerk to chief justice warren during the team that gideon was argued. president clinton appointed judge dyk to the federal court of appeals. he was a partner and chair at jones day. he was an adjunct professor at yale law school, the university of virginia law school, the georgetown law center. he served as a law clerk to reid and burton. and he's co-author of the chapter on patents. that's a task, an important chapter and very good. in the third edition of the treatise business in commercial litigation in federal courts. judge james boasberg joins me on the panel. he was appointed to the u.s. district court for the district of columbia in march of 2011. he served as law clerk to judge dorothy nelson on the ninth circuit. following his clerkship he was a litigation association at kecker and vanness in san francisco, at kellogg huber in washington f

wainwright, so he missed that activity. then went on to become very active at the justice department, counsel to the senate judiciary committee, also very active in the academic world. president carter then appointed him to the first circuit in 1980. served there for 14 years. president clinton appointed him to this court where he became one of now seven justices who also served as a law clerk in this court. he has been on the court obviously now since 1994. for lesson years he was the most junior justice on the court. almost broke a record for that. but now he's moved up quite handsomely in seniority. at any rate, my pleasure to have justice breyer speak to us tonight. >> thank you very much. thank you for introducing the introducer. it's nice to be here. i love to be at this. it's always interesting. usually just one person is speaking about history. we have four. it's fwg to be four times as interesting as it usually is of the it will be very nice. and this is a joint program between the supreme court historical society

wainwright. our first panelist, tim dyk, he is one over from the left there, he was a clerk to chief justice warren during the term that gideon was argued and decided. president clinton appointed judge dyk in 2,000 to the court of appeals for the federal circuit. prior to that he was a partner and chair at jones day, he was an adjunct professor at yale law school, the university of virginia law school, the georgetown university law center. he served as a law clerk to justices reed and burton from 1961 to 1962. he's co-author of the chapter on patents, that's a task, an important chapter and very good in the third edition of the treatise "business and commercial litigation in federal courts." judge james boasberg joins him on the panel. judge boasberg was appointed to the u.s. district court for the district of columbia in march 2011. he served as law clerk to judge dorothy nelson on the ninth circuit. following his clerkship he was a litigation associate at checker and van ness in san francisco f

carpenter from the houston area pledged $10,000 for every home run he had an cardinals pitcher adam wainwrightit. a crack at patriots owner putting in a million. everybody's coming together. trade two of the fact text and the cowboys are sharing this together. this shows the spirit when it comes down to everybody's on the same page. >> houston, dallas. trade to garrett commit thank you very much. fox's headlines 24/7 none serious xm channel 115. a lot more coming up. a missile for paid north korea. global markets are lower. euro is higher. u.s. futures are lower. my report from london coming up. >> everyone is just coming together. >> that is how we do it down here. i'm val. the orange money retirement squirrel from voya. i represent the money you save for the future. who's he? he's the green money you can spend now. what's up? gonna pay some bills, maybe buy a new tennis racket. he's got a killer backhand. when it's time to get organized for retirement, it's time to get voya. ♪imagine no possessions ♪i wonder if you can ♪no need for greed or hunger ♪a brotherhood of man ♪imagine all the peopl

and in these efforts there are all cases like miranda versus arizona, gideon versus wainwright and others which capture our attention and sometimes our criticism. because in this particular case the exclusionary rule was extended to involuntary and coerced confessions. and that really put the court in a public's eye. more ever it's important to note that the criminal due process revolution occurred at the same time the court also liberalized rules governing federal writs much habeas corpus there by ensuring a study stream of appeals from state criminal defendants on federal constitutional grounds, you know, the supreme show had tackle the criminal procedural rights before, but they did so on a case by case basis examining whether someone's due process rights were violated. but with mapp, which opened the incorporation floodgates, the court started to systematically and comprehensively address criminal procedure rights for everyone. so it's this criminal due process revolution which makes map v ohio so significant. and if you realize that law enforcement's investigatory activities and the

in these efforts were all cases like miranda versus arizona, gideon versus wainwright and others that capture our attention and sometimes our criticism. in miranda the exclusionary rule was extended to involuntary and coerced confessions, which really put the court in the public's eye. moreover, it's important to note that the criminal due process revolution occurred at the same time the court liberalized rules regarding federal writs of habeas corpus, ensuring a steady stream of appeals from state criminal defendants on federal constitutional grounds. the states examined on a case by case basis were someone's due process rights were violated. with mapp, the court started to systematically and comprehensive address privilege rights for everyone. it's this revolution that makes mapp so significant. if you realize that law enforcement's investigatory activities in the prosecution of criminal defendants happens at the state and local level, you can know that mapp v ohio might come into play with potentially hundreds of thousands or millions of cases a year. it's important to note how the

wainwright. the building block for maranda said you have to have a lawyer.ersus ohio is the so-called stop and frisk case, allowing officers to stop somebody and frisk them. host: we talked about this controversy. a 5-4 the court was decision. congress also got into the act in past the omnibus safe streets act. >> they were outraged by the miranda decision because criminals were going rate and there was expected to have a dramatic effect on law enforcement. congress passed the law reestablishing the voluntariness test in federal court, because that is all the jurisdiction that congress has. host: 20 minutes left and i want to talk about what has happened to maranda in the years ensuing. what was refined? >> i mean the most important one is -- can we talk about that? this is the dickerson case, and in cassel had a crucial role it, so i will allow him to tee it up. it said the court should reinstate the -- and admit confessions if they were voluntary defined by factors as in the time elapsed in, whether he was advised of rights or not, but what is significant

and charles wainwright, the first military guy offered the same sentiment, if meade would have attacked, his forces would have been crushed. >> all right. >> he stole part of my question, but there are several things which most people as far as i've heard or not heard about what meade was sort of bogged down with. first one was that one of the things he had to do was to protect baltimore and washington, d.c. consequently, he always had to worry about being defeated and those two cities would be attacked. he waited a day after the battle was over to find out what was going on because lee's army was still there. and they were digging in hoping for an assault. well, the defenses were built by engineers. if you've ever seen pictures of them, you wouldn't want to attack them. as a frontal assault, and the confederates are hoping there would be a frontal assault. -- >> this is an excellent summery of what we've talked about. you need to get to the question now. so your question is? >> also one more thing, meade did not have the slows. when he decide to move, part of his army moved 32 miles in

and charles wainwright, the first corps artillery guy offered similar sentiment that meade would have attacked at falling waters the forces would have been crushed and received a severe repulse. >> louis, media p.a. he stole part of my question. there are several things which most people, i've heard or not heard, about what meade was sort of bogged down with. the first one is that one of his things he had to do was to protect baltimore at washington, d.c. consequently, he always had to worry about being defeated and those two cities would be attacked. he waited a day after the battle was over to find out what was going on because lee's army was still there, and they were digging in and hoping for an assault. the willingness part -- defenses were built by engineers. if you have ever seen pictures of them, you wouldn't want to attack them as a frontal assault. and the confederates are hoping that there would be a frontal assault. >> so excellent summary of what we have talked about. we need to probably get to the question right now. so your question is? >> one more thing is, and also me

i would have talked wainwright. >> that's your side business conference call corps ychoreogr >> absolutely. jerome prince from the old days. i'm surprised these guys don't orchestrate it the way i do. i have a bernstein score i'm partial to bernstein scores. these guys are all learner and love they think it's camelot or something. there's a law passed who says they can't be disappointed. >> rogers and hammerstein were pretty good. >> hammerstein had a house near me. >> did he really >> yeah. >> huge influence. probably the reason that he's a composer now we've got greenspan, jim, with comments saying stagflation is about to emerge to a level not seen since the 1970s, exiting period of stagnant growth will mean not an acceleration of growth but higher prices. >> i'm let down by that. one thing we don't have is inflation. that's been the fed's biggest problem. i do think amazon increased a level of deflation that's rather extraordinary, as has the sprint versus verizon versus att. >> versus t-mobile. >> i'm talking about major bills. natural gas -- incredible low, that's heating even though

gideon versus wainwright, the '63 case which has been referred to by our two guests here.covido case -- >> said you had to have a lawyer during interrogation. >> terry versus ohio. >> the stop and frisk case which legitimizes the ability to stop someone who's suspected of a crime. and if necessary frisk them because they might be carrying a weapon. >> we talked about the controversy on this decision. the court argued it strongly on both sides. you mentioned president nixon campaigned on the law in the '68 election. congress also got into the act and passed the crime control and states street act. what were they trying to do? congress was outraged by the miranda decision because criminals were going free and there was expected to be a dramatic effect on law enforcement because that's all the jurisdiction that congress has, is to regulate federal procedures. >> we've got 20 minutes left. there have been a number of cases where we've referred to some of them that have begun to refine miranda. what are the important ones to know about and what was refined? >> the most importan

gideon versus wainwright, the '63 case which has been referred to by our two guests here.esscovido case -- co tobedo have a lawyer during interrogation. >> terry versus ohio. >> thehe stop and frisk case whichp legitimizes the ability to stop someone who's suspected of a crime. and if necessary frisk them because they might be carrying e weapon. >> we talked about theisk them controversy on this decision. the court argued it strongly on both sides. president nixon campaigned on ns the law in the '68 election. congress got into the act and passes the omnibus act in 1968.o >> criminals were going free, and there was expected to be a dramatic effect on law d s enforcement in 1968 congress passed the law re-establishing the old voluntary test. >> we have about 20 minutes left, i wanted to talk about what's happened to miranda in the years ensuing. they've begun to refine miranda what are the important ones to know about, and what was refined. >> the most important one is the one that upheld it. the n this is the dickerson case. professor gasal had a crucial role in it. i'll le

gideon versus wainwright, '63, which has been referred to by our guests here.obead cocase -- >> said you had to have a lawyer during investigation. that was the building brock for miranda. >> miranda in '66, terry versus ohio. >> terry versus ohio is the so-called stop and frisk case which legitimizes constitutionally the ability of law enforcement officers to stop someone who's suspected of a crime, if necessary frisk them because they might be carrying a weapon. >> we talked about the big controversy about this decision, and again the court 5-4, they really argued it strongly on both sides as well. you mentioned president nixon campaigned on a law in 1968. congress also got into the act and passed the omni bus control and safe streets act in 1968. >> congress was outraged by the miranda decision because criminals were going free and there was expected to be a very dramatic effect on law enforcement. so in 1968 congress passed a law essentially re-establishing the old voluntariness test for admitting confessions in federal court. that's all the jurisdiction th