Law Commons^™

The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell

Northwestern Journal of Law & Social Policy

An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated …

How (Not) To Talk About Abortion, Meredith Johnson Harbach

University of Richmond Law Review

No abstract provided.

Enforcing Integrity, Katrice B. Copeland

Indiana Law Journal

No abstract provided.

Order In The Court!: Ethical Conduct In A Criminal Trial Under The Texas Disciplinary Rules., Edward L. Wilkinson

St. Mary's Journal on Legal Malpractice & Ethics

In a criminal trial, the most common ethical duties implicated are the duty of candor to the tribunal, maintaining the impartiality and integrity of the tribunal, and the fairness of the proceeding as a whole. Under the Texas Disciplinary Rules of Professional Conduct, these duties are broken down in Rules 3.03, 3.04, 3.05, and 3.06. Attorneys are charged with the responsibility of fully understanding each of these duties in order to interact accordingly with the tribunal. This Article will examine, in detail, each of these rules individually. Additionally, the Article will analyze how each of the rules overlap and coincide …

Money For Nothing: Five Small Steps To Begin The Long Journey Of Restoring Integrity To The Social Security Administration's Disability Programs, Judge Drew A. Swank

Hofstra Law Review

No abstract provided.

Classifying Ecological Quality And Integrity Of Estuaries, Angel Borja, Alberto Basset, Suzanne Bricker, J-C Dauvin, M Elliot, T Harrison, J-C Marques, Sb Weisberg,, R West

Faculty of Law - Papers (Archive)

There is an increasing need in assessing ecological quality and integrity of estuaries and lagoons. This chapter shows the most recent efforts in assessing individual biological elements (from phytoplankton to fishes), together with the integrative tools developed in different geographical areas worldwide. However, reducing complex information from multiple ecosystem elements to a single color or value is a substantial challenge to marine scientists, and requires the integration of different disciplines (chemists, engineers, biologists, ecologists, physics, managers, etc.), to reach agreement on the final assignment of ecological status. Hence, in the near future, emphasis needs to be directed at understanding the …

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Faculty Scholarship

A recent report issued from the Institute of Medicine contains an extensive analysis of financial conflicts of interest (FCOIs) in biomedical science. In brief, an FCOI exists when a profit-seeking motive either unduly influences or appears to influence an academic scientist’s primary obligations. The cornerstone of current policy to address FCOIs at academic medical centers (AMCs) is disclosure; however, disclosure does not appear to appropriately regulate, manage, or eliminate FCOIs.

Although the relationships between intramural scientists and industry and extramural scientists and industry may be structurally different, they both can lead to FCOIs that threaten scientific integrity. Overall, the NIH …

Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Jane C. Ginsburg, Eva E. Subotnik

Faculty Scholarship

A transcribed conversation about moral rights in the digital age — in respect of some of the legal and technological developments that have occurred since Professor Jane Ginsburg's 2001 essay, Have Moral Rights Come of (Digital) Age in the United States?, 19 Cardozo Arts & Ent. L. J. 9 (2001).

Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandi Zellmer, Robert Glicksman

Sandi Zellmer

The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation’s surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …