"Such 'Disneyland' contentions are becoming commonplace," wrote the angry court of appeals judge in 1965 as he turned down what he considered to be a frivolous claim: that a defendant in a lineup has a right to have his lawyer present. Two years later Earl Warren's Supreme Court made that Disneyland contention the law of the land. Five years after that, with the angry appeals judge now sitting as Chief Justice of the U.S., the Supreme Court had hedged the lineup right substantially.
The lengthening catalogue of legal shifts that have occurred since...
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