Word: cannot
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Dates: during 1970-1979
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Supporters of aid argue with passion that the U.S. cannot afford the failure of a company that is the nation's tenth largest manufacturer, its biggest builder of military tanks and one of only three major domestic competitors in its supremely important automotive industry. A Congressional Budget Office study concluded last week that a complete Chrysler shutdown would cost 360,000 workers their jobs immediately, and that ripple effects throughout the economy could throw an equal number out of work...
Judges are quick to assert that they are simply enforcing the laws and the Constitution. "Judges, unlike Presidents, Congressmen and lawyers, cannot generate their own business," says Federal Judge Prentice Marshall, who halted discriminatory hiring and promotion practices in the Chicago police department despite Mayor Richard Daley's vow to fight the decision. Whether by default or design, the judiciary increasingly has the last word on important social questions...
...Albuquerque, may just reflect different local mores. As New York Criminal Court Judge Harold Rothwax says, "Communities have a right to view crime differently." Mandatory sentences set by the legislature, which several states use for at least some crimes, can be more heavy-handed than evenhanded. Such laws cannot distinguish, for instance, between someone who steals to feed his family and someone who steals for excitement or easy money. But if discretion is something judges need to make the punishment fit the crime or the criminal, it is also something they too often abuse...
Some judges simply cannot make up their minds. One California judge underwent psychoanalysis to get at the root of his inability to pass judgment. But a more fundamental problem is the way judges, particularly older ones, perceive their role. By training and tradition they are judges, not administrators or managers. That helps to explain why modern technology and management techniques have been almost totally ignored by the courts. "In a supermarket age we are like a merchant trying to operate a cracker barrel corner grocery store with the methods and equipment of 1900," said Burger in 1970. He spoke from...
...long and too complicated for laymen. At the Conference of State Chief Justices last week, Chief Justice Burger strongly urged judges to consider this proposal, pointing out that it can take "not hours, but days" for the judge to explain the legal issues to jurors, who then cannot always be expected to understand or remember what the judge said. Burger noted that Britain, which has less delay in its courts than the U.S., has successfully abolished juries in most civil cases...