Scholarly Research and Notable Opinions
As a law professor, Oaks focused his scholarly research on the writ of habeas corpus and the exclusionary rule. In California v. Minjares, Justice William Rehnquist, in a dissenting opinion, wrote "he most comprehensive study on the exclusionary rule is probably that done by Dallin Oaks for the American Bar Foundation in 1970. According to this article, it is an open question whether the exclusionary rule deters the police from violating Fourth Amendment protections of individuals.
Oaks also undertook a legal analysis of the Nauvoo City Council's actions against the Nauvoo Expositor. He opined that while the destruction of the Expositor's printing press was legally questionable, under the law of the time the newspaper certainly could have been declared libelous and therefore a public nuisance by the Nauvoo City Council. As a result, Oaks concludes that while under contemporaneous law it would have been legally permissible for city officials to destroy, or "abate," the actual printed newspapers, the destruction of the printing press itself was probably outside of the council's legal authority, and its owners could have sued for damages.
As a Utah Supreme Court Justice from 1980 to 1984, Oaks authored opinions on a variety of topics. In In Re J. P., a proceeding was instituted on a petition of the Division of Family Services to terminate parental rights of natural mother. Oaks wrote that a parent has a fundamental right protected by the Constitution to sustain his relationship with his child but that a parent can nevertheless be deprived of parental rights upon a showing of unfitness, abandonment, and substantial neglect.
In KUTV, Inc. v. Conder, media representatives sought review by appeal and by a writ of prohibition of an order barring the media from using the words "Sugarhouse rapist" or disseminating any information on past convictions of defendant during the pendency of a criminal trial. Oaks, in the opinion delivered by the court, held that the order barring the media from using the words "Sugarhouse rapist" or disseminating any information on past convictions of defendant during the pendency of the criminal trial was invalid on the ground that it was not accompanied by the procedural formalities required for the issuance of such an order.
In Wells v. Children's Aid Soc. of Utah, an unwed minor father brought action through a guardian ad litem seeking custody of a newborn child that had been released to state adoption agency and subsequently to adoptive parents, after the father had failed to make timely filing of his acknowledgment of paternity as required by statute. Oaks, writing the opinion for the court, held that statute specifying procedure for terminating parental rights of unwed fathers was constitutional under due process clause of United States Constitution.
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“Almost all scholarly research carries practical and political implications. Better that we should spell these out ourselves than leave that task to people with a vested interest in stressing only some of the implications and falsifying others. The idea that academics should remain “above the fray” only gives ideologues license to misuse our work.”
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“Almost all scholarly research carries practical and political implications. Better that we should spell these out ourselves than leave that task to people with a vested interest in stressing only some of the implications and falsifying others. The idea that academics should remain “above the fray” only gives ideologues license to misuse our work.”
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