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...Supreme Court's majority opinion, written by Justice William Brennan, conceded that the lower courts' rulings had followed the letter of the 1964 law, but insisted that they were not within its spirit. The primary concern of Congress was with "the plight of the Negro in our economy," Brennan wrote. It would be "ironic indeed," he said, if Title VII was used to prohibit "all voluntary, private, race-conscious efforts to abolish traditional patterns" of discrimination...

Author: /time Magazine | Title: Business: What the Weber Ruling Does | 7/9/1979 | See Source »

...Brennan did not address the issue, but it is clear that the EEOC can obtain court-ordered affirmative action, including quotas, if it proves past discrimination. Most affirmative-action programs exist because employers cannot get federal contracts without them. Last week the Government said it would no longer buy from Uniroyal, charging that the company had balked at setting up an affirmative-action program for women. Uniroyal is only the 21st company to be so penalized in 15 years, but it is the biggest-with $35 million in outstanding Government contracts...

Author: /time Magazine | Title: Business: What the Weber Ruling Does | 7/9/1979 | See Source »

Helstoski had argued that the bribery charges against him should be thrown out. Though Justice William Brennan agreed, the rest of the court would not go that far. The Government can still show that Helstoski promised to introduce bills...

Author: /time Magazine | Title: Law: Of Kids, Congressmen and Cancer | 7/2/1979 | See Source »

That distinction did not make much sense to two dissenters, Thurgood Marshall and William Brennan. They argued that since Massachusetts could have easily foreseen the unfair impact on women, it should have looked for a less drastic way to help vets, like adding points to their civil service scores...

Author: /time Magazine | Title: Law: The Other 99% | 6/18/1979 | See Source »

None of the Justices heeded Lando's argument that allowing questions about a reporter's thoughts would have a "chilling effect" on editorial decision making: White contended that only lies would be "chilled." Though they dissented, both Justice William Brennan and Justice Thurgood Marshall said they did not understand how a journalist could be prevented from thinking. Their concern was that journalists would be reluctant to discuss stories openly and frankly among themselves in the newsroom. Brennan would allow questions about these conversations only if the plaintiff could first show that he had been harmed by a false...

Author: /time Magazine | Title: Press: The Mind of a Journalist | 4/30/1979 | See Source »

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