Word: griswold
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Since that ruling much has transpired, and been written and said. In particular, Dean Erwin N. Griswold of Harvard Law School, at a meeting of the Massachusetts Bar Association on February 5, 1954, made an impressive and searching analysis of the Fifth Amendment, defending the Corporation's action, at least in so far as it effected the retention of persons invoking the privilege with respect to questions regarding past Communist Party membership. The speech was printed in the Harvard Law School Record for February 11, 1954, and excerpts were printed in the Harvard Alumni Bulletin for March...
Harvard Corporation's position was that "each cash will be decided on its merits after full and deliberate consideration of the facts and issues involved." Dean Griswold attempted to back this up by holding that the claim by a witness of the privilege of the Fifth Amendment may be "explained" by several hypotheses, such as "bad advice," "fear and confusion," or "refusal to tell on his friends ****based on strong grounds of conscience." The result appears to be a certain confusion of the proper inference to be drawn from the use of the privilege, and of extenuating factors considered...
...true that the inference to be drawn from the claim of the privilege against self-incrimination varies in individual cases, but this is due to differences in the nature of the questions asked rather than to any difference in other surrounding circumstances. Thus, as Dean Griswold states, a man who refuses to state whether he has killed another is not necessarily guilty of crime, because he may have done so in self-defense or by accident. But if he bases his refusal upon a plea of possible self-incrimination, the inference is plain that he did kill...
Many cases similar to those mentioned by Dean Griswold are described by Chief Judge Calvert Magruder in Maffie v. U. S., 209 Fed. 2d 225, 227-8 (1st Cir. 1954). But he also affirms that where a "Yes" answer would be the incriminating one, the fair inference to be drawn from the claim of the privilege is that the answer would...
Following remarks by Samuel Eliot Morison, historian of the University. Archibald MacLeish will address these citations to Paul H. Buck as a representative for the previous Administration, Dean Erwin Griswold as a member of the Special Faculty Advisor Committee, Judge Charles Wyzanski for the Board of Overseers, Charles A. Coolidge for the Corporation, and President Pusey. Except for former provost Buck, all will be present...