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Full-Text Articles in Law

Fight The Hypo: Fake Arguments, Trolleyology, And The Limits Of Hypotheticals, Jethro K. Lieberman Jan 2014

Fight The Hypo: Fake Arguments, Trolleyology, And The Limits Of Hypotheticals, Jethro K. Lieberman

Tribeca Square Press

The hypothetical is the staple of the law school classroom and useful in most intellectual endeavors. But, this inaugural lecture argues, interlocutors frequently misuse and misinterpret responses to hypotheticals because they demand that their respondents accept the “facts” embedded within. This form of argument, dubbed “FAKE” (for “Facts Are Known Exactly”), poses “facts” that are either impossible to accept or highly improbable and that would provoke counterarguments but for the command to accept the facts as hypothesized. The author presents his thesis in part through the lens of recent literature on the ethics of runaway trolley cars (these cases constitute …


Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay Jan 2014

Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay

Contributions to Books

This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.