Word: burtons
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Dates: during 1950-1959
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...Literati's Battle. Four Supreme Court Justices (Felix Frankfurter, Harold Burton, Tom Clark and Charles Evans Whittaker) joined Brennan in the majority opinion affirming the convictions. Mail-Order Man Alberts' 14th Amendment claim was tossed out the window in short order. But the majority dealt searchingly with Roth's First Amendment argument. Wrote Brennan: "All ideas having even the slightest redeeming social importance-unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion-have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests...
...death in their quarters in Japan. A court-martial convicted Mrs. Covert of the ax murder of her husband, an Air Force master sergeant, in England. Last year the Supreme Court ruled that their military convictions and life sentences for murder were valid, with Justices Tom Clark, Harold Burton, Stanley Reed. Sherman Minton and John Marshall Harlan in the majority, and Chief Justice Earl Warren and Justices Hugo Black and William Douglas in the minority. (Justice Felix Frankfurter reserved his opinion, noting blandly that "wisdom, like good wine, requires maturing...
...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). That left only two-Clark and Burton-where a year before had stood five...
More convincing was Burton's second point of law: the court erred in holding that Section 7 applied "at the time of suit," after Du Pont had held the stock for 30 years, although what the law specifically forbids is "acquisition." In previous cases Section 7 had been applied soon after the acquisition, and many a lawyer agreed with Burton that by applying it 30 years after the fact, the court had opened up a new field of antitrust prosecutions (see BUSINESS). "Over 40 years after the enactment of the Clayton Act," wrote Burton, "it now becomes apparent...
What worried businessmen was the sweeping nature of the decision, putting a new emphasis on the nation's antitrust philosophy. As Justice Harold H. Burton wrote in his dissenting opinion: The ruling "disregards the language and purpose of the statute, 40 years of administrative practice and of the precedents . . . except one District Court decision. To make its case, the court requires no showing of any misuse of a stock interest-either at the time of acquisition or subsequently-to gain preferential treatment. All that is required, if this case is to be our guide, is that some court...