Word: ponts
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...sense of wrong." Last week Chief Justice Warren's court generalized its way into two specific surprises that rocked the FBI and its chief, J. Edgar Hoover, raised legal brows and shook corporate board rooms across the U.S. See NATIONAL AFFAIRS, Direction Disputed, The Jencks Case, The Du Pont Case and BUSINESS, The $2.7 Billion Question...
...criticism of the Supreme Court came to a boil over two decisions (see below), both written by new Justice William J. Brennan and handed down last week. In holding that the Du Pont Co.'s ownership of 23% of the stock of General Motors constitutes an illegal monopoly, the Supreme Court stretched the Clayton Antitrust Act so far that even Government trustbusters gasped. In ordering that specific FBI reports be turned directly over to the defense in a new trial for Unionist Clinton Jencks, who had been convicted of falsely swearing that he was not a Communist, the Supreme...
...Road-Pickers. In the Du Pont and Jencks cases, many a legal observer could agree with the aims of the Supreme Court's legal idealism while regretting that it was not more firmly anchored in legal realism. For example, such critics, with no particular brief for Du Pont, nonetheless thought that the majority decision had taken a highly selective, hotly debatable set of facts and used them to extend a law dealing with stock "acquisitions" so that it applied to a "reasonable probability" existing 30 years later. And such observers, even while agreeing that Jencks had a case...
...sense, the Jencks-Du Pont cases fell into the pattern set by the Supreme Court in its school-desegregation decisions. There, many friends of desegregation were pained in their belief that the court relied on sociology texts instead of lawbooks and the Constitution of the U.S., believed the same points could have been more firmly made through purely legal reasoning...
Justice Brennan, who spoke for the majority, said Du Pont "purposely employed the stock to pry open the General Motors market to entrench itself as the primary supplier of General Motors' requirements for automotive finishes and fabrics." Justices Burton and Frankfurter assented...