Word: kamisar
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Legal experts disagree on whether last week's ruling will give authorities a freer hand to browbeat suspects. "Many years ago the police became convinced that they don't need violence to get people to confess," says Yale Kamisar, a criminal-law expert at the University of Michigan. But the head-banging style of police interrogation has not disappeared. A dramatic example: the case of Barry Lee Fairchild, a black man with an IQ of 62 sentenced to death for the 1983 murder of a white Air Force nurse in Little Rock. Lawyers for Fairchild, who are pursuing an appeal...
Brennan never gave up, however, in fighting the death penalty, advocating affirmative action to correct racial wrongs and defending the one-man, one- vote principle to define state and local election districts. Yale Kamisar, a University of Michigan law professor, calls Brennan "one of the most effective Justices of all time. He could write with power and style, and he had enormous influence." Says Columbia law professor Vincent Blasi: "There have been great dissenters, such as Oliver Wendell Holmes, and great leaders of court majorities, such as John Marshall. But Brennan was the only Justice in the court's history...
...person doesn't exist -- that she has no personality, no family, and that no one who loves her can make decisions about her." But other experts believe that advocates of self-determination often skip over a basic question in incompetent-patient cases. Asks University of Michigan law professor Yale Kamisar: "Whose rights are being fought for, Nancy Cruzan's or her parents? Whose preferences are being advanced...
...court's conservative cast is already affecting the kinds of disputes that are brought before it. Observes University of Michigan law professor Yale Kamisar: "The Warren Court took cases where Government won ((in lower courts)). This court seems to be taking cases where Government lost below. It is putting liberal judges back in line." Civil rights and civil liberties groups have taken note. Ronald Ellis of the NAACP Legal Defense and Educational Fund admits that, in order not "to tempt the fates," his organization has refrained from appealing cases to the high court and is considering filing more suits...
...well- founded suspicion of criminal action by a particular individual. "When you start saying a search satisfies the Fourth Amendment even though it's not based on any focused suspicion at all, you've ripped the heart out of the Fourth Amendment," insists University of Michigan law professor Yale Kamisar...