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Articles 1 - 6 of 6
Full-Text Articles in Law
Tribe's Judicious Feminism, Anita L. Allen
Tribe's Judicious Feminism, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
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 …
Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch
Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
The Power Of Private Facts, Anita L. Allen
The Power Of Private Facts, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
All Faculty Scholarship
No abstract provided.