Word: prohibitional
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...position at odds with the oft-invoked standard of Oliver Wendell Holmes that only speech posing a "clear and present danger" may be suppressed. Had Bork's view been accepted in the early days of the civil rights movement, it could have been used to prohibit many calls for peaceful civil disobedience...
Antitrust. Bork has had formidable influence in the field of antitrust, his legal specialty. His view that Congress, which entered the fray with the 1890 Sherman Act, intended to prohibit only those mergers that discourage "economic efficiency" has many followers in the antitrust division of the Reagan Justice Department. Bork finds fault with most of the subsequent attempts by Congress to define anticompetitive practices and to interfere with vertical mergers. Deferential to legislatures in most constitutional disputes, Bork becomes positively Swiftian in his gloom about their capabilities in the economic field: "Congress as a whole is institutionally incapable...
...Toshiba Corp. President Sugiichiro Watari and Chairman Shoichi Saba suddenly dashed to their corporate headquarters for an emergency board meeting. Then, at a hastily called news conference, the two executives resigned. That surprise gesture of contrition came less than a day after the Senate voted 92 to 5 to prohibit Toshiba and Kongsberg Vapenfabrikk, Norway's largest defense contractor, from selling any products in the U.S. for two to five years...
Equally controversial is a bill that would prohibit the widespread construction-industry practice known as "double-breasting," in which companies operate two subsidiaries, one unionized and the other nonunion. Critics charge that this practice is merely a way for firms to circumvent collective-bargaining agreements. If the proposed bill passes, these companies would have to choose to be either exclusively union or nonunion. Labor leaders believe the law would produce more unionized shops, but some companies indicate they might try to shut out their unions. Such is the case at Phelps Inc., a 2,000-employee construction firm based...
...impact of last week's pronouncement should soon be felt on numerous projects facing opposition. In Charlotte, N.C., for example, officials are & pushing a proposal to restore neighborhoods to their 19th century appearance. In California authorities have enacted "open space plans," which prohibit development in certain areas. On Staten Island, N.Y., residents are intensifying their fight to be paid for conversion of their land into a 1,300- acre preserve of freshwater wetlands...