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Show Prof. Kurland: Warren Court New York Study 'Failures Hits CPA Wall Said 'Awesome - CHICAGO (ACCN) The results of the failures of the Warren Court are awesome," according to Phillip B. Kurland, constitutional law ex pert and Professor of Law at The University of Chicago. Kurland makes this assertion in the introduction to his recent book, Politics, the Constitution, and the Warren Court, published by The University of Chicago Press. He explained that in passing judgment on the Warren Court one must look to see not only what the Court has said but what its words have accomplished. Kurland claimed that currently there is little more school in- - Street Firms tegration than when Brown v. Board of Education was decided by the Supreme Court in 1964. School prayers and Bible reading are still the rule rather than the exception in the absence of specific judicial mandates directed to particular school boards, be added. According to Kurland: True, there has been widespread of local reapportionment But it must be legislatures. the recognised that politicians rather than the people have controlled such reapportionment. To the extent that voting power has been shifted, it has been shifted from rural areas, and occasionally urban areas, to suburbia the most reactionary constituencies that this country has to offer. And it should be recalled that the centralisation of power in pie national government has made state legislatures all but redunpolitically 'Bonded Aliens Can Divorce In Virgin Islands CHARLOTTE AMALIE, V.I. Bonded Aliens who enter (UPI) U.S. territory to earn a living for short periods of time are qualified to obtain divorce decrees and adoption settlements in Virgin Islands courts, the District Court here has ruled. In an eight-pag- e decision, July 12, Judge Almeric Christian said the matter revolved around the conflict between the immigration law and the divorce court jurisdiction. Under U.S. immigration laws, every alien entering U.S. territory is required to intend to return to his former home. On the other hand, the court has no jurisdiction over divorce and adoption matters unless the plaintiffs are permanent residents. In his ruling Judge Christian said that the two laws were separate and had no connection with each other. To deny the plaintiffs the right to go to court would be a violation of the equal protection clause of the 14th Amendment, the judge said. He added that it would be possible for an alien to come to the island intending to return home only to change his mind later and decide to stay. This would not of itself be a violation of the immigration law, Christian said. Christian issued the ruling in connection with two divorce actions brought by two aliens who applied for permanent status. The adoption proceeding was brought by an alien who had lived in St. Thomas for four years. The judge said the purpose of the residence requirement in divorce suits was to guard against quickie divorces. Nixon Gives - dant. One However, Kurland said, must be careful not tq overplay the Ineffectiveness of the Court's actions. If it has used old doctrines, it has used them in new applications. He sees the Court as a mirror of vital movements in American life. Even if it is not responsible for initiating them, it is responsible for succoring them. Kurland said the Warren Court suffered from three basic failings: First, it was unable or unwilling to adhere to the process that has long characterized the common-laand constitutional forms of adjudication. Second, the Court has failed to recognize the incapacities that inhere in its structure. It lacks the machinery to gather the data as necessary for broad distinguished from the resolution of particular litigation, and Most important of the Courts major failings has been its unwillingness to accommodate to Mr. Justice (Louis D.) Brandeiss .wisdom uttered in another context: "A Judge may advise; he may persuade; but he may not command or coerce. He does coerce when without convincing the judgment he overcomes the will by the weight of the authority'. Perhaps, the book continued, the Court should have practiced generally what it preached in the reapportionment cases, where it said: The State must justify each variance, no matter how small. The results of these failures of the Warren Court are awesome. Because it has taken on such a political mien, it has become more subject to political attack, Kurland step-by-ste- w rule-makin- g concluded. Antisubversive WASHINGTON (UPI) The Nixon Administration has moved to strengthen the Subversive Activities Control Board (SACB), which has been under fire for lack of work. An executive order by President Nixon gives the board the power to hold hearings to assist in determining what organizations should be classified as subversive by the attorney general. The order was published in the Federal Register without fanfare one day after SACB July 7 4 TUESDAY, JULY 20, 1971 the daily record PAGE EIGHT that the board had heard only three last year. At the same time, the Justice Department proposed legislation that would give the board subpoena and contempt-findin- g authority in connection with its new function. The legislation also would change the name to the Federal Internal Security Board. SACB is an independent, semi- witnesses . cent XEROX COPIES DON'T MISS ANY MORE DEADLINES WHILE YOU WAIT OR LEAVE TAKES LONGER THAN 24 HOURS CHARGE ACCOUNTS AVAILABLE TO LOCAL BUSINESSES. 8:00 A.M. - 8:00 P.M. Monday thru Thursday 8:00 A.M. - 6:00 P.M. Friday & Saturday 224 SOUTH 1300 EAST 363-496- 3 six-mon- th Forbidden Flowers To the nature-lovin- g judge, the flowoffense picking prisoner! ers in a public park was something horrendous. Counting each picked flower as a separate crime, the judge imposed a fine of $720 or six years in jail. counting reports on brokerage houses are aimed at presenting a firm in a healthy financial light rather than revealing its true con- dition. He said it was common practice for auditing firms to issue a e financial report to the a more exhaustive and public statement to the New York Stock Exchange. The Attorney General said some brokerage firms have recently gone bankrupt or been forced by financial problems to merge with another company have done so after issuing an apparently satisfactory financial statement. He said the statements are designed to get prospective investors to say Ill deal with them. Its ridiculous, Lefkowitz said at a news conference. The entire system must be changed. The study was undertaken under the states General Business Law. It called for a complete of and auditing standards procedures and accepted accounting principles and said if required, recommendations for reform legislation would be presented to the next state legislature in January. The report said most of the accounting for New York Stock Exchange members are conducted by the Big Eight accounting firms and a few small firms. The Big Eight were listed as Arthur Anderson ft Co.; Haskine ft Sells; Ernst ft Ernst; Lybrand, Ross Brothers ft Montgomery; Peat, Marwick, Mitchell ft Co.; Price Waterhouse ft Co.; Touche, Ross ft Co.; and Arthur Young ft Co. John Biegler, a senior partner at Price Waterhouse, said he would not comment on such broad brush criticisms of his business until he has studied the report. William Casey, chairman of the Securities and Exchange Commission (SEC) in Washington, said he also would have no comment until he reads the study. The report disclosed that: of the affairs of audits Surprise houses usually are a brokerage know well in the as houses farce, advance that an audit is coming; Auditors have helped brokers in restricting the amount of information made available to their financial customers, hiding dangerous disregarding problems, situations and cloaking them in sophisticated verbiage. one-pag- 54-pa- ge But when the prisoner appealed to a higher court, the sentence was thrown out. The court said it was so harsh that it violated the United States Constitutions ban on cruel and unusual punishment." As a rule, when we use the expression cruel and unusual punwe think of physical ishment, chastisement like flogging or maiming. However, a jail term may also be held unconstitutional on the same grounds. In recent years, courts have shown a grow too-seve- re An American Bar Association ft 1971 concern for humanitarian considerations in the field of sentencing. As one judge put it: What constitutes cruel and unusual punishment is to be judged in the light of developing civilization, so that what might not have been cruel and unusual yesterday may well be so today. Nevertheless, even the longest possible sentence life imprisonment without possibility of parole will be upheld where reasonably related to the crime that has been committed. Thus, in the case of a brutal kidnapping, such a sentence was held not to violate the defendants constitutional rights. Calling attention to the nature of the offense, the court said the sentence was not so severe as to shock the moral sense of the community." senWhat about an open-en- d tence, like one to twelve years? When that punishment was imposed on a convicted burglar, he complained that the very uncertainty was a kind of cruelty. But the sentence was upheld on appeal, where the court pointed out that the flexibility might well work out to the prisoners advantage by speeding his release. The court said it was merely a device, within reasonable limits, to put his fate in his own hands. ing public service feature judicial agency that was created in 1950 at the peak of the cold war. In recent years its work has fallen off almost completely. It is made up of five members, supported by a staff and a $450,000 budget. Roman Court Justices Wrote Absolves Father Prolifically In Child Death magistrate has ruled here that a young father who hurled his deformed infant son into the Tiber River to drown was innocent of murder because the man felt he was acting for the child's ROME (UPI) A good. In a carefully worded verdict, Magistrate Francesco Amato said luly 9, that the father, Livio Davani, was temporarily insane when he Ivano Davani off a threw last August 27. bridge A simple insanity verdict would have meant Davani must spend at least 10 years in a hospital for the criminally insane. Amato ordered Davani released because he said there was no intent to commit a crime. The magistrate said when Davani hurled his son into the river not only was he not aware he was committing murder, but he thought he was acting for his sons good because as a cripple without legs he would be rejected by society. New Juvenile U.S.-Sovi- 10-m- Sen. William Proxir're, s., said July 15 he would try to block funds for SACB this year. The Senate appropriations committee was expected to approve a bill containing money for the board although an objection from a single Senator could delay consideration until next week. Nixons order, among other things, said: The Subversive Activities Control Board shall, upon petition of the Attorney General, conduct appropriate hearings to determine whether any organization is totalitarian, Fascist, Communist, subversive, or whether it had adopted a policy of unlawfully advocating the commission of acts or force or violence to deny others their rights under the Constitution or the laws of the United States or of any state, or which seeks to overthrow the government of the United States or any state or subdivision thereof by unlawful means. by Will Bernard, American Bar Association Unit Some Work Chairman John W. Mahan conceded during a stormy hearing in Congress OUR HOURS - NEW YORK (UPI) State Attorney General Louis Lefkowitz said July 15, that a study of Wall Street accounting firms showed some of them are guilty of accounting practices that deliberately deceive the public. Lefkowitz said independent ac- Case Unit in Chicago Court A new unit in which cases to handle juvenile no criminal charges has there are in been set up the Circuit Courts Juvenile Division by Presiding Judge William Sylvester White. These are cases known as Minors in Need of Supervision (MINS). The new MINS unit, made up of a supervisor and six probation officers, wll interview juveniles and their parents to determine if there are behavior problems for which assistance is needed. This unit also will determine if assistance can be given without unit will file taking court action.-Thfor a petition supervision if court CHICAGO (ACCN) e intervention is deemed necessary. In announcing the new method of handling some of the juvenile cases, Judge White said he does not believe in dragging children not charged with criminal behavior through the court, except when social work services have failed." In 70-7- 1 Term - The WASHINGTON (UPI) Justices of The Supreme Court wrote a lot more in the Term ended June 30 than they did the previous Term. They wrote 291 opinions in 126 cases. Official statistics show 151 cases were argued from October to June. were decided by brief, Twenty-tw- o unsigned opinions. Three will be reargued next Term. In the 1969-7- 0 Term the court heard 144 cases and handled them in only 227 opinions. Justice William O. Douglas, always a prolific opinion writer, wrote 52 in the Term just ended. The fact that 28 were dissents up from 23 last Term indicated the new conservative trend of the Court. Douglas wrote 14 opinions for the Court, 8 concurring opinions and two separate opinions, which merely gave his views with no official label. Chief Justice Warren E. Burger, who has heavy administrative duties both inside and outside the Court, 20. He spoke for wrote the fewest the Court in 17 cases but confined his dissent and concurrences to three each. He wrote one Separate. Justice John M. Harlan followed Douglas with 41 opinions, compared with 36 last term; and Justice William J. Brennan Jr., was next with 38, compared with 26 last term. Justices Hugo L. Black and Potter Stewart each wrote 32, Justice Byron R. White, 29, Justice Harry A. Blackmun, 25, and Justice Thurgood Marshall, 22. Nixon Names Federal Aide SAN CLEMENTE, CALIF. (UPI) President Nixon has announced he would nominate John W. Larson, a San Francisco lawyer, to be assistant secretary of the interior in charge of program policy. Larson, 36, will succeed Carl L. Klein who resigned the $38,000 a year post last September for personal business reasons. Larson, a native of Detroit who presently resides in Ross, Calif., is a partner in the law firm of Brobeck, Phleger and Harrison. He joined the firm in 1962 after graduation from Stanford University law school. I |