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...First Amendment cases, Kennedy's opinions have pleased the press. In 1978, for example, a plaintiff who had been convicted in an insurance scandal demanded to see film of a show NBC was preparing on the case, arguing that it might inflame public opinion and jeopardize his chances of parole. A lower court ordered NBC to surrender the film, but Kennedy struck down the ruling as being "aimed toward prepublication censorship." Said the judge: "It is a fundamental principle of the First Amendment that the press may not be required to justify or defend what it prints or says until...

Author: /time Magazine | Title: Far More Judicious | 11/23/1987 | See Source »

...recent study by Ralph Nader's Public Citizen Litigation Group claims that in most split decisions on the appeals bench, Bork favored businesses when they brought suit against the government but favored government when the plaintiff was an individual or public interest group. That raises the question of whether the principles he invokes are always "neutral." It takes a strong man never to put his intellect at the disposal of his convictions...

Author: /time Magazine | Title: The Law According to Bork | 9/21/1987 | See Source »

...Federal Government didn't tax state and local governments or regulate their taxing, and the state didn't try to interfere with the Federal Government's power to tax." Shafroth's organization, as well as the Government Finance Officers Association, a national organization of public finance officials, is co-plaintiff in the Georgia suit. Fumes Mayor Young: "The Federal Government has been chipping away at our ability to finance necessary state and local governmental facilities for almost 20 years now. It is time to call a halt...

Author: /time Magazine | Title: Carpetbaggers: A Southern battle over taxes | 9/14/1987 | See Source »

...decisions were greeted with relief by school officials and disappointment by Fundamentalists. "If we continue pursuing change," said Alabama Plaintiff Douglas Smith, undaunted, "things may swing back the other way." Appeals to the Supreme Court are planned. But only two months ago the high court ruled 7 to 2 that Louisiana could not require public schools to teach "creation science." With last week's two new losses, the Fundamentalist strategy of using constitutional cases to restore religion to the school curriculum looks to be in tatters. "These two are the last of the coordinated and systematic attacks by a politicized...

Author: /time Magazine | Title: Law: Going Back to the Books | 9/7/1987 | See Source »

...Archer had had a pimply back, Mrs. Archer forthrightly declared that her husband possessed "excellent skin." Archer, who did not show his back as evidence, testified that he spent the evening in question dining at a fashionable Mayfair restaurant named Le Caprice. Even the judge seemed sympathetic to the plaintiff, instructing the jurors to think carefully whether Archer was "in need of cold, unloving, rubber-insulated sex in a seedy hotel...

Author: /time Magazine | Title: Britain Spare Pennies | 8/3/1987 | See Source »

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