Word: kurlanders
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...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...
...defenders of the President's letter in the Senate, even among Carswell supporters. Constitutional-law experts also criticized Nixon's reasoning. "Presidential carte blanche is repudiated by the very words of the Constitution," said Francis Allen, dean of the University of Michigan law school. Added Philip Kurland, constitutional-law expert at the University of Chicago: "It is quite clear in the Constitution that the President and the legislature are responsible for creating a third, coequal branch (of Government...
...personality? Several law professors discount Burger in favor of Black, 83, who shaped much of the court's doctrine during the Warren era. "He is the only man whose philosophy will appeal to a majority of old and new members," says the University of Chicago's Philip Kurland. Others believe that Justice Brennan will lead the court in certain areas, such as free speech. Harvard Law Professor Alan Dershowitz predicts great influence in some cases for Justice John Marshall Harlan, the Warren court's most frequent dissenter against the use of judicial solutions for social problems...
...self-serving as his comments may have been, Fortas accurately believed that a battle would have damaged the balance of the three branches of Government. Some in Washington already believed that the Administration had pushed too hard to dislodge Fortas. Philip Kurland, a Supreme Court scholar at the University of Chicago, suspected a "planned operation to dump him." Tennessee's Democratic Senator Albert Gore called for a congressional investigation to determine if the Republicans had used unreleased information to force Fortas to resign. Still, objections paled beside Fortas' admitted and gross indiscretion. In any case, regardless...