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Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy
Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy
All Faculty Scholarship
Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics of the American legal system. Nowhere have judges exercised more unfettered discretion than in family law. Judicial discretion in this area, however, is not without its critics. In this Article Professor Jane Murphy recommends limiting the use of judicial discretion in family law matters. Professor Murphy argues that the lack of predictability which flows from discretionary decisions undermines our confidence in the equity of decisions and encourages protracted litigation.
Professor Murphy reviews the developing consensus that fixed rules are necessary to guide judges' discretion in divorce …
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …
Opinions Of Counsel: What They Are And Why American Companies Ask For Them, Scott T. Fitzgibbon, Donald W. Glazer
Opinions Of Counsel: What They Are And Why American Companies Ask For Them, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
Legal opinions - formal letters of legal advice delivered by counsel in financial transactions - are a feature of the American legal scene. They have also gained wide acceptance abroad. This article describes the standard legal opinion in an American financing and describe its uses and importance to an American lawyer. It also contains suggestions for interpreting and analyzing legal opinions.