Word: kurlander
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Dates: during 1970-1979
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...raised a storm by suggesting that a criminal-defense lawyer owed such complete allegiance to his client that he should balk at practically nothing, including even in some cases perjury. But this is closer to the no-holds-barred philosophy of war than to that of law. Professor Philip Kurland of the University of Chicago Law School has written about the Watergate mess: "Whatever one might properly expect of professional spies or advertising men, surely the lawyers owed a duty to the law whose keepers they...
Generally, in fact, except on criminal questions and perhaps on obscenity, the court will not retreat in major ways from Warren court decisions. Observes Constitutional Law Professor Philip Kurland of the University of Chicago: "After you break an egg, you can scramble it. but you can't put it back together." Instead, the Justices will simply not march onward...
...court will be less venturesome in staking out new positions," contends Kurland's Chicago colleague, Phil Neal. As a result, new constitutional claims by a variety of special-interest groups?tenants, ecologists, the poor, welfare recipients, consumers?are not likely to be warmly received. A similar desire to stay out of new constitutional waters may well doom such pending contentions as the claim that the death penalty is cruel and inhuman punishment, thus a violation of the Eighth Amendment...
...citizen. They are still apoplectic over Koreinatsu v. U.S. (1944), complaining of its shabby justification for interning 70,000 Japanese-American citizens. Just as they winced throughout the Warren years, they are beginning to look askance at the Burger era. Says University of Chicago Law Professor Philip Kurland: "We have no evidence yet that the new court will afford principled opinions justifying its conclusions. Evidence to date suggests rather that it will emulate the Warren Court in this regard...
...Nixon's second appointee, Justice Harry A. Blackmun. A private, studious, moderate jurist of 61, Blackmun could emerge as the court's pivotal figure. He may have the deciding vote in many important cases. With Republican appointees in the majority, suggests University of Chicago Law Professor Philip Kurland, a leading court watcher, the Burger Court may steer slightly away from the Warren Court's judicial activism-but hardly toward the conservatism that "Vice President Agnew and Attorney General Mitchell are seeking to create...