Word: warren
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Dates: during 1970-1979
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...high court's majority opinion was hedged by the concurring opinions o Chief Justice Warren Burger and Justice Lewis Powell. In Burger's view, the decision applies only to pretrial hearings not to trials themselves. That is not a great limitation, however, since about 90% of all criminal cases are disposed of before they ever reach trial. It is during pretrial hearings that abuses by police and prosecutors are most likely to come out. Powell, arguing that the public ought to know what goes on in the courts, wanted explicitly to grant reporters a First Amendment "interest...
...allowed to maintain subsistence hunting of the endangered bowhead whale under strict quotas (last year's ceiling: 18 kills). If the conference fails to act on the U.S. proposal or a similar one, Congress may toss out a legislative harpoon of its own: a bill sponsored by Senators Warren Magnuson of Washington and Bob Packwood of Oregon would deny U.S. fishing rights within a 200-mile coastal limit to any countries that ignore IWC rulings. Such legislation would strongly bolster any moratorium passed by the IWC, which has no enforcement authority. Says U.S. Delegate Tom Garrett...
Chief Justice Warren Burger and Justice William Rehnquist dissented forcefully. (For varying reasons, Lewis Powell and John Paul Stevens did not participate in the decision.) In a biting opinion, Rehnquist argued that the legislative history of Title VII shows that "Congress meant precisely what it said." Congressional proponents of the act argued "tirelessly" during 83 days of debate that Title VII would be used neither to require nor permit quotas. Burger said that he would side with the majority if he were a Congressman, but that as a judge he had no business joining in "totally rewriting a crucial part...
...footnote in the Hutchinson decision also cautioned judges against automatically throwing out libel cases brought by clear-cut public figures. The defendant's state of mind-the key element in actual malice-"does not readily lend itself to summary disposition," wrote Chief Justice Warren Burger. Just two months ago, the high court ruled in Herbert vs. Lando that libel plaintiffs can probe a reporter's state of mind. This may raise questions of fact that only a jury, not a judge, can decide...
...cannot show that he actually delivered. "Without doubt," acknowledged Chief Justice Warren Burger, "exclusion of evidence will make prosecutions more difficult." The Justice Department argued that it would make some bribery prosecutions against Congressmen "nearly impossible." At week's end, the Government was still deciding whether or not to drop its case against Helstoski...