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...asked if he had understood a cipher message purportedly written by Burr. Willie refused to answer the question, citing the Fifth Amendment and insisting that an answer would tend to incriminate him. After two days of argument on the point, Justice Marshall ruled that Willie must answer. The great jurist's summary of the arguments on both sides throws light on contemporary debates over the meaning of the Amendment...

Author: /time Magazine | Title: THE FIFTH AMENDMENT: THE FIFTH AMENDMENT | 9/5/1955 | See Source »

While the public's back has been turned, a handful of lawyers and laymen have been trying to improve the courts of the U.S. A leader in this fight is Chief Justice Arthur T. Vanderbilt of the New Jersey Supreme Court, a distinguished jurist and the head of a state court system that has risen from one of the nation's worst to one of the best in ten years. Judge Vanderbilt notes that although some jurisdictions have made great improvements in the last two decades, in others the judges are substandard, procedures are unnecessarily complex, and court...

Author: /time Magazine | Title: National Affairs: COURT SYSTEM REFORM A PRESSING PROBLEM | 2/21/1955 | See Source »

...decision, Judge La Buy, veteran antitrust jurist who once slapped a $1.3 million bill for damages on G.M., cut some new paths through the tangle of antitrust enforcement. Where other courts have ruled that the mere existence of a potential monopoly can be cause for conviction under the Clayton Act, La Buy said: Such a possibility existed for 30 years in the relationship between Du Pont and G.M. But "the record discloses that no restraint of trade has resulted. Accord ingly . . . there is not. . . any reasonable probability of such a restraint within the meaning of the Clayton...

Author: /time Magazine | Title: GOVERNMENT: Case Dismissed | 12/13/1954 | See Source »

Vishinsky's next job was to erect a huge edifice of legal theory rationalizing and justifying the absolute sovereignty of the Stalinist state. An innocent world has been inclined to give him high marks as a jurist, but Vishinsky himself, as he was able to do, once summed up the whole of this effort: "I do not believe in abstract justice...

Author: /time Magazine | Title: RUSSIA: Devil's Advocate | 12/6/1954 | See Source »

Judge Youngdahl, 17 years a jurist, was Minnesota's three-time Republican governor when appointed to the U.S. District Court in 1951 by Harry Truman (in a neat political double play to behead Minnesota's Republican Party and help the state's Fair Dealing Senator Hubert Humphrey). In last week's hearing he was the sole judge of his own fitness. The next day, in an outraged memorandum, he judged himself fit, retained the Lattimore case, rebuked federal prosecutors for acting "irresponsibly and recklessly." Their purpose, he concluded, was "to discredit, in the public mind...

Author: /time Magazine | Title: THE LAW: U.S. v. Youngdahl | 11/1/1954 | See Source »

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