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Some of the Supreme Court's language gave color to the idea that the court was reaching beyond a rule of law in an attempt to set a pattern of social behavior. The majority opinion, written by Justice John Marshall Harlan, favorably quoted Harvard Law Dean Erwin Griswold, a leading advocate of the anything-goes school of Fifth Amendment pleading. And a concurring opinion by Justice Hugo Black (with Chief Justice Earl Warren and Justices William Douglas and William J. Brennan) argued that the use of the Fifth Amendment should neither "discredit" nor "convict" any person...

Author: /time Magazine | Title: THE SUPREME COURT: Use of the Fifth | 6/10/1957 | See Source »

Dean Erwin N. Griswold has announced the appointment of three new professors of Law in the faculty of the Law School. They are: John P. Dawson, visiting professor; David R. Herwitz, assistant professor of Law; and Donald F. Turner, assistant professor...

Author: NO WRITER ATTRIBUTED | Title: Griswold Announces Three Appointments | 6/4/1957 | See Source »

Hook holds that the "wisdom and justice" of the privilege against giving self-incriminating testimony are far less self-evident than most of the other provisions of the Bill of Rights. He cites two main reasons given by Griswold in the amendment's support: 1) "It is cruel to require a man to provide evidence of his guilt"-this Hook calls, in Jeremy Bentham's words, "the old woman's reason," pointing out that punishment itself is cruel; 2) "it constitutes a protection for the innocent" -that, according to Hook, is "far from conclusive until we know...

Author: /time Magazine | Title: Books: Hook's Hook | 5/27/1957 | See Source »

...witness of the Fifth Amendment, Hook persuasively demonstrates, demands a "legitimate presumption," although not conclusive, of his guilt. Hook shows that the reverse attitude, if carried to the logical extreme of its illogic. would make nonsense of law enforcement and justice. To refute Griswold's hypothetical cases of innocent men invoking the Fifth, Hook offers some cases of his own. including that of the man who goes fishing with a companion: a cry and a splash are heard: a drowned body is found. What would anyone think, asks Hook, if the fisherman refuses to reply to questions with...

Author: /time Magazine | Title: Books: Hook's Hook | 5/27/1957 | See Source »

...subject, and should be the last word for all except the sentimentally prejudiced. At a time when many TV-conditioned minds are nudged towards the "forum" rather than real debate, this argumentative work is a relief. In a wide cast for the high-flying fish of fallacy, Dean Griswold & Co. are firmly caught on Hook's hook...

Author: /time Magazine | Title: Books: Hook's Hook | 5/27/1957 | See Source »

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