Justice Black told Professor Calabresi that he had to defer to his friend's veto for that year but that he would consider me for the following year. This was the best possible news because it allowed me to accept a clerkship with Judge David Bazelon on the United States Court of...
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in the midst of the Kennedy Administration. Although Judge David Bazelon was a court of appeals judge—early in my clerkship he became Chief Judge—he was at the center of Washington life
he always presided and got to assign the opinion to one of the three judges on a panel (or nine when on rare occasions the entire court heard the case “en banc”). Following the oral argument
the judges would not have to view the film. Judge Aldrich immediately interjected: “Are you trying to bribe us to decide the case so we don’t have to see the film?...I will admit that’s the best bribe I have ever been offered.”
I continued to press my principle in the court of public opinion and in a series of other obscenity cases over the next several decades. Ultimately my view would prevail
the lead defense lawyer—William Kunstler—was held in contempt of court and sentenced to four years imprisonment. I was part of the legal team assembled to prepare the appeal of that contempt order. We won.
provocative or pornographic; they do not suggest promiscuity. They are photos of a prepubescent girl in innocent poses at her bath. In contrast
whose mother controlled what she would do. Her later appearances were made by a near-adult and were far more within her own control. The court simply ignored the argument by the 10 year old should not be bound by foolish decisions made by an ambitious mother when Brooke was too...
there was an immediate reaction. Conservative journalists had a field day lambasting the very notion that a court could strike down as unconstitutional a long-standing punishment that is explicitly referred to in the Constitution.
it held that a condemned person’s constitutional rights were not violated “by permitting the jury to impose the death penalty without any governing standards” or by permitting the imposition of the death penalty in “the same proceeding and verdict as determined
I decided to point the Court to the record evidence that the brothers were not at the scene of the crime and did not foresee that their father and Randy would kill the Lyons’ family:
we would win. The justices seemed to acknowledge that if there was no evidence that Ricky and Raymond had the “specific intent” to kill the Lyons’ family “that’s the end of the case.” I was confident that when the justices reviewed the entire record of the case
since the Arizona courts had not found that the condemned brothers had shown a “reckless disregard for human life.” 60 The majority therefore
South Carolina. I could not imagine a group that would be less sympathetic to a Hare Krishna guru accused of the horrendous crimes of which my client stood convicted. But my wife’s older cousin
she was deeply embarrassed by what she had done and has not repeated the errors of her way during her subsequent years of service on the Court.