Word: kurland
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...School prides itself on its quickness to spot trends. When Watergate broke out, officials cobbled together a Crisis in Government course taught by Eugene McCarthy and Law Professors Raoul Berger and Philip Kurland. The Boris Spassky-Bobby Fischer match in 1972 prompted a sellout course on chess strategy. Says Allen Austill, dean of the school: "It's education in the marketplace. We can jump at things that look good. If they fade, they fade...
...problem was not the decision's result. No one quarreled with that. "The judgment may well have been the right one," conceded Philip B. Kurland of the University of Chicago. "But it is difficult, if not impossible, to find its justification in the unanimous opinion authored by the Chief Justice...
...emphatically the province and duty of the Judicial Department to say what the law is." But Stanford's Gunther argued that the use of the Marshall dictum was misleadingly broad; every constitutional issue, he said, is not automatically reviewable by the court. One example: impeachment. Chicago's Kurland put the point neatly when he noted that the opinion "says no more than 'the President cannot assert that he is the law, because we are the law.' L 'état, c 'est nous...
...York Attorney and Princeton Professor Sidney Davis, an expert on congressional investigations, believes that "in terms of effective fact-finding, Congress has no peer." Further, a congressional committee would be wholly independent of Ford, which the President might welcome. Adds Constitutional Scholar Philip Kurland of the University of Chicago: "Depending on the committee's makeup and its financing, it could be very effective. Sam Ervin [who is retiring as a Senator] could be hired as counsel." There is a satisfying Shakespearean symmetry to the whimsical thought that the man responsible for many of the early Watergate chapters might...
Nonetheless, the University of Chicago's constitutional expert, Philip Kurland, comes down against trying Nixon. "Under our system of criminal justice there is never absolute equality of treatment, and the trial of Nixon would be extremely divisive for the country." His Chicago colleague, Law Professor Gerhard Casper, thinks a Ford pardon would be an "act of grace." It remains to be seen whether that view will accurately distill into the mood of the nation in the months ahead...