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...landmark 1971 case, Swann v. Charlotte-Mecklenburg Board of Education, the Supreme Court upheld a lower court's authority to mandate school busing where government policy had been shown to create segregation. But in its friend-of-the-court brief, Reagan's Justice Department argued last week that lower courts have interpreted Swann too broadly and should be allowed to take into account the "educational, social and economic costs of busing." These "costs," at least as argued in the Nashville case, include "white flight" from the public school system...

Author: By Holly A. Idelson, | Title: Tipping The Scales | 2/5/1983 | See Source »

...Nathan case demonstrates, what comes out of the mouths of babes is now often admissible as evidence and is more and more believed by judges and juries. No landmark decision is responsible for the development. Unlike adults, youngsters are still presumed to be incompetent witnesses in most states. To overcome that presumption, they must convince the judge that they have reliable memories, understand the difference between truth and falsehood, and know that lying is wrong. Most children cannot satisfy those requirements before turning seven, but there are a growing number of exceptions. An increase in child abuse prosecutions...

Author: /time Magazine | Title: Law: Out of the Mouths of Babes | 1/31/1983 | See Source »

...Supreme Court's refusal last month to stay Brooks' execution does not give abolitionists much hope for a new landmark ruling in their favor. "We've become technicians," says the L.D.F.'s Berger of his small litigious corps. "The great moral issues have been removed from the legal arena...

Author: /time Magazine | Title: The Death Penalty: An Eye for an Eye | 1/24/1983 | See Source »

Despite the compromises, the Reagan Administration was ebullient. "This is landmark legislation," crowed newly confirmed Energy Secretary Donald Hodel. The bill also cheered up the flagging nuclear-power industry, which has not had a new reactor order since 1978. Seven states in the past seven years, including California, have banned further construction of nuclear-power plants pending a legislated solution to the waste problem...

Author: /time Magazine | Title: Too Hot for the Usual Burial | 1/10/1983 | See Source »

...attracted a mob of patriotic Americans who looked for history etched in stone, but since then Bostonian public sculpture had faded into the surrounding landscape once again. Now, though, controversy over one such artistic conception of the past may result in the removal of a well-known Park Square landmark later this month...

Author: By Evan T. Bart, | Title: Out of the Bronze Age | 1/7/1983 | See Source »

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