Word: brennan
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...year intervening since the court's first decision Minton was replaced by William J. Brennan, and last week Justice Brennan joined the liberal-tending War ren-Douglas-Black bloc to hold court-martial trials unconstitutional for overseas dependents. Reed was succeeded by Justice Charles Evans Whittaker, who did not participate in last week's decision. Harlan switched sides with the candid admission that time had given him "an opportunity for greater reflection.'' And Frankfurter, his mind finally made up. voted with last week's majority (but. like Harlan, only insofar as it affected capital cases...
...member. Both admitted that they had reported on Jencks's activities at the time in statements to the FBI. At the trial, in 1954, Matusow admitted: "I don't recall what I put into my reports two or three years ago, written or oral." Later (as Justice Brennan, writing for the Supreme Court majority, noted last week) the notorious Matusow recanted his testimony about Jencks. Obviously then, the original Ford-Matusow reports to the FBI may have provided material for discrediting their trial testimony-and the defense right to such evidence is generally recognized...
...this specific appeal that the Government argued against. In the legal point and counterpoint, the idea never came up of turning the FBI files over to the defense directly. But this was precisely the idea that the Supreme Court turned into a rule of law. Wrote Justice Brennan, with Chief Justice Warren, Justices Black, Douglas and Frankfurter concurring: "Because only the defense is adequately equipped to determine the effective use [of reports] for the purpose of discrediting the Government's witness and thereby furthering the accused's defense, the defense must initially be entitled to see them...
...Invisible Seen. Last week, in a decision that stunned lawyers on both sides with its bold and unexpected reaches, a four-man Supreme Court majority (Warren, Brennan, Black and Douglas)† overruled Judge LaBuy. Completely bypassing the Government's main charges-that Du Pont had violated the 1890 Sherman Act by fencing off the G.M. market from Du Font's competitors-the court based its decision on Section 7 of the 1914 Clayton Act, to which Government lawyers had devoted only six pages of their 100-page brief and only perfunctory oral argument. Section 7 bars a corporation...
William Joseph Brennan Jr.. Associate Justice of the Supreme Court of the U.S D.C.L...