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Full-Text Articles in Public Law and Legal Theory

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Dec 1977

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …


The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1977

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

An early exposition of the price exaction framework and the place of plea bargaining in it.


The Plea Bargain In Theory Dec 1977

The Plea Bargain In Theory

Richard Adelstein

A formal dynamic model of plea bargains.