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Full-Text Articles in Law

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross Jan 2000

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

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Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.


Arbitration And Judicial Review, Theodore J. St. Antoine Jan 2000

Arbitration And Judicial Review, Theodore J. St. Antoine

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A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor ...


Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider Jan 2000

Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider

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Over a century and a half ago, Alexis de Tocqueville famously said, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." Physician-assisted suicide superbly illustrates Tocqueville's acute observation. For a number of years, assisted suicide was the prototype of a (nonpartisan) political question. Interest groups brought it to public attention. Public discussion of it flourished. Legislatures debated it. Citizens in several states decided in referenda whether to make it legal. Almost suddenly, however, this classic political process was transformed into a judicial one by the startling and strongly ...