Word: oestereich
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...technical grounds that he had received incorrect information from his draft board. But more importantly, there is the issue of the residency requirement of members of the draft board. His lawyers claim in their briefs (citing the "lawless board" doctrine found in the Court's ruling in Oestereich v. Selective Service System Local Board), "There should be one law for the governors and the governed, binding both alike. A draft board not constituted in accordance with the statute and regulations is a "Lawless board" without the power to classify at all or to issue valid orders to report for induction...
...Authorization. The Supreme Court began saying no a year ago when it ruled that James Oestereich of Cheyenne, Wyo., could not be deprived of his statutory exemption as a divinity student just because he turned in his draft card. Two weeks ago, the court voided the speed-up induction of another protester, David Gutknecht of Gaylord, Minn., and outlawed all existing delinquency rules on the ground that Congress never intended to grant draft boards such "broad, roving authority." Last week the court applied its doctrine to the broad category of deferments. That case involved Timothy Breen, a student at Boston...
...defied the draft and wanted a judicial trial of their claims were left with an unpleasant choice. They could refuse induction and hope to win the ensuing criminal prosecution, or enter the service and then go through the slow process of seeking a writ of habeas corpus. Now the Oestereich and Breen decisions establish that anyone whose draft board is guilty of a "clear departure from its statutory mandate" can ask federal courts to review his case before he faces induction...
...Arrested during a demonstration near Mayor Daley's home, Gregory is challenging the police claim that they had a right to disperse peaceful protesters simply because angry hecklers near by might have become violent. Among the draft-dissent cases, the most important is an appeal from James Oestereich, who was reclassified from 4D (divinity student) to 1A by his draft board last year after he turned his draft card in to the Justice Department. At least 18 other suits that question the Selective Service System's power to use the draft as punishment for antiwar activities are currently...
Foresters--E. Pooley, C.G. Wescott, N.K. Cafferty, D.M. Lumsden, Charles Oestereich...
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