Word: burger
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Dates: during 1970-1979
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...more conservative Burger Court tried to reverse the tide and at the same time take the Justices out of the business of personally reviewing every allegedly objectionable work...
...hiring whites only. The majority opinion, written by Justice William J. Brennan, asserted that if the court merely awarded a job to an applicant who was initially discriminated against, he "will never obtain his rightful place in the hierarchy of seniority." In a dissenting opinion, Chief Justice Warren Burger questioned the wisdom of courts granting seniority to some workers at the expense of others. Wrote Burger: "I cannot join in judicial approval of 'robbing Peter to pay Paul...
...hours of oral argument as the Justices peppered the lawyers with more than 100 questions. "I am sorry to detain you," said courtly Justice Lewis Powell Jr. of Virginia as he prolonged the questioning of one attorney. "But this is a very important case." Indeed it was. The Burger Court-with its moderate-to-conservative majority now strengthened by John Paul Stevens-is considering whether to cut back two of the most critical and criticized features of U.S. criminal law: the so-called exclusionary rule and habeas corpus petitions. With decisions in Powell and Rice expected by June, the following...
...Powell view, which seems to be supported by Justices Burger, Rehnquist and Blackmun, apparently needs only one more backer, and Stewart, Stevens and White seem to be strong possibilities. If any or all of them join Powell, two results seem nearly certain. First, the extensive use of habeas corpus will be significantly cut. Second, virtually no habeas challenges seeking application of the exclusionary rule will be allowed, since such evidence is almost always proof of guilt, not innocence...
...many, change seems inevitable. Columbia Law Professor Abraham Sofaer believes that the increase of plea bargaining, no-fault insurance, smaller juries and non-unanimous verdicts are all signs of an erosion of "classical notions of Anglo-Saxon justice." Chief Justice Warren Burger seeks higher educational and other standards for those admitted to the trial bar in the hope of eliminating frivolous, time-consuming contentiousness. New York Federal Judge Marvin E. Frankel points to a much deeper problem in the procedural games that adversary attorneys play. Because they often use the rules to trample the truth, Frankel has gently proposed thinking...