Word: brennan
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Dates: during 1980-1989
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...Roman Catholic community of Pawtucket, the city government does seem to come out endorsing a particular religious belief rather than a spirit of good will. "Those who believe in the message of the Nativity receive the unique and exclusive benefit of public recognition and approval of their views," Justice Brennan writes in his dissent. "The effect on the minority religious groups, as well as on those who many reject all religion, is to convey the message that their views are not similarly worthy of public recognition nor entitled to public support." Burger argues that the creche is "passive...
...Justice Brennan, in his partial dissenting opinion, writes for the minority . "The Court's concentration on the Bankruptcy Code and its refusal to accommodate that stature with the NLRA is particularly incongruous since the analysis (of the unanimous portion of the decision) rests almost exclusively on the recognition that the two statutes must be accommodated." The Bankruptcy Code, of course, makes no distinction between labor and other creditors. The court followed the Code when it contradicted the labor laws on unfair practices, and made no special accommodation for labor...
...think that there is any question that the threat to labor peace stemming from a unilateral modification of a collective bargaining agreement is as great one day after a bankruptcy petition has been filed as it was one day before the petition was filed," continues Brennan. "We cannot ignore these realities when construing the reach of the NLRA." Allowing the business to reject its labor agreement before obtaining bankruptcy court approval demonstrates the narrow-mindedness of the court in impinging on labor rights, and Brennan objects strenuously to this...
...major danger," he writes, "to the reorganisation that stems from premature rejection of collective-bargaining agreements is that the debtor-in possession will reject an agreement he would not have rejected upon further deliberation." Brennan sees that too much power has been given to businesses eager to cut back on labor costs. Unfortunately, he spoke with the minority here. Still more unfortunately, no one spoke at all (in the court, at any rate) against the violations of labor rights in the first part of the decision...
...program is the only part of the school affected by federal funds, it alone is subject to Government regulation. Writing for the majority, Justice Byron White found no evidence that Congress intended U.S. regulatory authority to "follow federally aided students from classroom to classroom." That, said Justice William Brennan in a lengthy dissent, was just what Congress intended...