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...Justice Brennan, in his partial dissenting opinion, writes for the minority . "The Court's concentration on the Bankruptcy Code and its refusal to accommodate that stature with the NLRA is particularly incongruous since the analysis (of the unanimous portion of the decision) rests almost exclusively on the recognition that the two statutes must be accommodated." The Bankruptcy Code, of course, makes no distinction between labor and other creditors. The court followed the Code when it contradicted the labor laws on unfair practices, and made no special accommodation for labor...

Author: By D. JOSEPH Menn, | Title: A Bankrupt Decision | 3/19/1984 | See Source »

...think that there is any question that the threat to labor peace stemming from a unilateral modification of a collective bargaining agreement is as great one day after a bankruptcy petition has been filed as it was one day before the petition was filed," continues Brennan. "We cannot ignore these realities when construing the reach of the NLRA." Allowing the business to reject its labor agreement before obtaining bankruptcy court approval demonstrates the narrow-mindedness of the court in impinging on labor rights, and Brennan objects strenuously to this...

Author: By D. JOSEPH Menn, | Title: A Bankrupt Decision | 3/19/1984 | See Source »

...program is the only part of the school affected by federal funds, it alone is subject to Government regulation. Writing for the majority, Justice Byron White found no evidence that Congress intended U.S. regulatory authority to "follow federally aided students from classroom to classroom." That, said Justice William Brennan in a lengthy dissent, was just what Congress intended...

Author: /time Magazine | Title: Law: Gender Slap | 3/12/1984 | See Source »

Establishing an interdisciplinary concentration would necessitate a radical change in the administration's philosophy concerning Latin American studies, "a development which I don't see happening. Harvard has had a strong reputation as a bastion of Anglo-Saxon history with a bias in European studies," says James Brennan, a Latin American history graduate student...

Author: By Diane M. Cardwell, | Title: Uncertainty South of the Border: Latin American Studies at Harvard | 3/3/1984 | See Source »

...justice system administered as it inevitably must be by human beings. Yet such a justification fails to recognize that the death penalty is different from all other forms of criminal punishment, not only in degree but also in kind. In the recent words of Associate Supreme Court Justice William Brennan...

Author: By Rurry T. Fisher, | Title: Judging Color | 2/24/1984 | See Source »

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