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...unless he has something of value to offer them." Treading a delicate line, Rehnquist ruled that "it is only when the Government's deception actually implants the criminal design in the mind of the defendant" that the official conduct becomes unacceptable. Potter Stewart, William Brennan, William Douglas and Thurgood Marshall constituted a dismayed minority. As Stewart said: "The purpose of the entrapment defense cannot be to protect persons who are 'otherwise innocent.' Rather, it must be to prohibit unlawful governmental activity in instigating crime." The focus, in other words, should be not on the defendant...

Author: /time Magazine | Title: The Law: Enmeshed in Entrapment | 5/7/1973 | See Source »

...fifth vote, explained that the "clause is offended only by laws that are invidiously discriminatory-only by classifications that are wholly arbitrary or capricious." Although all the Justices agreed that the current system is a mess, the majority felt that changes should be made by state legislatures, while Dissenter Thurgood Marshall argued that the court's failure to act was "a retreat from our historic commitment to equality of educational opportunity...

Author: /time Magazine | Title: The Law: Paying for Schools | 4/2/1973 | See Source »

...whose eyes are too close to his nose") and sometimes pungent (he would keep J. Edgar Hoover, said Johnson, because "I'd rather have him inside the tent pissing out than outside pissing in"). His storytelling was legendary. One of his own favorites: "I decided to appoint Thurgood Marshall to the Supreme Court, and so I called him into my office. I told him, Thurgood, I know this will surprise you and please you, but you're the best I can think of, and I'm also delighted that I will have the chance to place...

Author: /time Magazine | Title: LEADERS: Lyndon Johnson: 1908-1973 | 2/5/1973 | See Source »

Griswold left his position as dean of the Law School to become Solicitor General in 1967. He was appointed by President Lyndon B. Johnson to succeed Thurgood Marshall, who then became the first black justice on the Supreme Court...

Author: NO WRITER ATTRIBUTED | Title: Kleindienst to Stay in Cabinet; Five Top Aides Leave Posts | 12/11/1972 | See Source »

...although better, were of uneven quality. They share his constitutional philosophy, voting as a bloc in 53 out of 70 of the court's recent nine-man decisions. Nixon quite likely will be able to make more appointments in his next term: William O. Douglas is 74, Thurgood Marshall is in shaky health at 64, William Brennan, 66, has talked of retirement. A great need in the emerging Nixon court is for sharp intellects who can write good law; the court is short on intellectual conscience and independent scholarship...

Author: /time Magazine | Title: THE PRESIDENCY: What Will He Do the Next Four Years? | 11/20/1972 | See Source »

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