Values File

Callahan press enterprise co v superior court press

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Unformatted text preview: University of California, Berkeley, Affirmative Action in Higher Education, LA RAZA LAW JOURNAL, Fall, 2001 pg 173 By ruling that Powell's diversity rationale is not part of Bakke's holding, Judge Friedman largely sidestepped the heart of the University of Michigan Law School's expert witness evidence, in which it sought to establish the educational benefits that accrue from a racially and ethnically diverse learning environment. n40 In Grutter, the court acknowledged that racial diversity enhances the educational experience of law school. n41 Nonetheless, Friedman minimized the Defendant's evidence on this issue by tersely opining about the difference between racial diversity and viewpoint diversity. Citing affirmative action critic Terrance Sandalow, Friedman confidently suggested that the racial resegregation of legal education would likely have little impact on the views expressed in law school classrooms SLHS Value File Due Process / Trial Fairness / Trial by Jury THE RIGHT TO A FAIR TRIAL TRUMPS FREEDOM OF THE PRESS James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 997 The examination which follows reveals that while the freedom of the press is always fervently guarded, it has never been held to be an absolute right over all other individual rights and societal interests. On the other hand, a criminal defendant's right to a fair trial has always been absolute and never subordinate to any other right or societal interest, even if the Supreme Court occasionally bends the meaning of "fair" to accommodate the exigencies of a particular case. Nebraska Press provides a necessary leash against trial courts using a heavy hand to restrain generalized media activity in high-profile criminal cases. But Nebraska Press is ill-suited to guide a trial court faced with the potential publication of specific information devastating to the judicial process, such as the disclosure of attorney-client confiden...
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This document was uploaded on 11/20/2013.

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