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Ironically, Smith's fundamental argument-that he was not accorded his constitutional rights to counsel and to silence-would today suffice to get any other suspect a new trial. The U.S. Supreme Court decisions on Escobedo and Miranda deal favorably with situations like Smith's. But those landmark decisions were written since Smith's trial eleven years ago, and are not retroactive. His petition to the Supreme Court to vacate his conviction is pending; he has a stay of execution until that decision is made...

Author: /time Magazine | Title: Books: Did I Do It? | 9/27/1968 | See Source »

...obscenity case, what is often at issue is not the merits or demerits of the film, but the manner in which it was seized, the legality of the prior court action, and the definition of obscenity in the individual situation. Definitions have been vague ever since the landmark Roth decision of 1957, eight years before Fortas was appointed an Associate Justice. That decision established several broad criteria of tolerance, all of which have created problems of interpretation...

Author: /time Magazine | Title: The Congress: The Fortas Film Festival | 9/20/1968 | See Source »

...Francisco, he found, were just too rough. Larosa's students broke into fistfights almost daily, hurled paper clips, and hit him on the head with chalk and textbooks. Soon he had a bleeding ulcer and, on his doctor's advice, quit teaching. Last month, in a landmark ruling affecting a teacher, a California Workmen's Compensation Appeals Board decided that Larosa had "sustained injury arising out of his employment." His award: medical costs and $70 a week...

Author: /time Magazine | Title: Decisions: Odors and Ulcers | 8/30/1968 | See Source »

...McCloskey then assailed the Court because, he said, "it has lacked the will and the capacity to provide reasoned legal arguments for it's landmark decisions...

Author: By Lawrence K. Bakst, | Title: McCloskey Gives Supreme Court Two Cheers and One Raspberry | 8/9/1968 | See Source »

...precis of Thoreau's Walden, Judge Kenneth Keating mourned "the intrusion of the seemingly endless line of asphalt and concrete into the enclaves which many have sought as surcease from the hustle and bustle of modern-day life." Keating's decision was in line with a landmark 1946 ruling of the U.S. Supreme Court, involving a North Carolina farmer. He had sued the Government because the noise of military planes from a nearby airfield had reduced his chickens to a state of eggless nervous collapse...

Author: /time Magazine | Title: The Law: NARCOTICS: Testing Synanon | 7/12/1968 | See Source »

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