I. ADVERSARIAL VS. INQUISITORIAL SYSTEM
II. JURY SYSTEM
This Article aims to answer the following question: Are the American and British adversarial systems, which rely heavily on juries, or the German and Continental inquisitorial...
A fellow running for sheriff in a small southern town gave a stump speech at a Fourth of July picnic. At the end, the crowd applauded and wandered away, except for one man. The candidate, seeing a potential vote, approached the man and asked whom he...
II. LAWYERS, LIES AND MARKET-GATE
III. THE LAW-FREE ZONE
IV. LIES OR CONSEQUENCES
POSTSCRIPT: JANUARY 26, 2003
I. INTRODUCTION The accounting profession must bear a good deal of responsibility for the current...
I will discuss two different kinds of originalism and the demands they place on the discipline of history. I was an eyewitness to the development of the first kind of originalism, which I will call Originalism Mark I. In the fall of 1977 at the...
II. MAPPING MODERNITY
III. POSTMODERN THOUGHT
IV. MODERNISM AND LANGUAGE
V. LAW AND TRUTH
I. INTRODUCTION Postmodernism and legal truth both merit serious attention. Properly understood, postmodernism provides...
It has always seemed a perversion of language to use a name to signify what something is not, rather than what it is. (1) A name is related, in some way, to understanding and to mastering, indeed to being human, as suggested by the Old Testament's...
Traditionally, civil confinement has been employed for the treatment and incarceration of non-responsible, non-culpable actors such as the severely mentally ill or the legally and criminally insane. (1) Due to concern about the danger repeat sexual...
II. THE PRE-MAPP ERA
III. THE LAW ENFORCEMENT COMMUNITY'S
REACTION TO MAPP
IV. HAS THE EXCLUSIONARY RULE INHIBITED THE
DEVELOPMENT OF ALTERNATIVE REMEDIES ?
V. ARE TODAY'S POLITICIANS MORE LIKELY TO
In looking back at the founding of the Federalist Society as a conservative law student organization it is clear that Steve Calabresi, Lee Liberman Otis, and Gary Lawson were the intellectual powerhouses who put together the original symposiums. Spence...
I. INTRODUCTION: THE IMPORTANCE OF
KNOWING THE TRUTH
II. ADVERSARIAL AND INQUISITORIAL
SYSTEMS: HISTORICAL FAILURES
III. COMPROMISE SOLUTIONS
IV. TRUTH AND THE JURY
V. WHY CARE ABOUT THE TRUTH?
VI. TOWARD A DEFINITION OF
Critics of the adversarial system's relationship with truth fall roughly into two groups. The first group, exemplified by John Langbein, seeks reform of our trial and pretrial procedures. These critics would give judges greater independent responsibility...
In these brief remarks, I will focus on a single aspect of the relationship between lawyers and truth. I will discuss why the issue of truth in the legal system reveals a fundamental tension between lawyers and the public. The public benefits from...
I Suppose I asked a hundred people to write an article describing what happened yesterday in, say, France. We could even agree more specifically on the question, like what happened in the City Council of Paris; or, what did the French government...
[T]he most significant development in the law over the past
thousand years.... is the principle that laws should be made not
by a ruler, or his ministers, or his appointed judges, but by
representatives of the people. (1)
Volume 26 begins, as always, with the Federalist Society Student Symposium. The students who gathered in New Haven were treated not only to a variety of interesting panels and discussions on "Law and Truth," but also to a celebration of the Federalist...
I. CASE LAW ON MEDIA ACCESS
II. THE ROLE OF SECURITY REVIEWS IN
PROTECTING THE MILITARY MISSION
III. A PRUDENT APPROACH TO MILITARY/
Professor William E. Lee argued in a recent article in this journal that...
If there is a litmus test to distinguish between so-called liberals and so-called conservatives in the United States, it is the exclusionary rule. More than one's views on abortion, more than one's views on law and economics, more than one's views...
We ought not to worry about faith in our society. We ought to
welcome it into our programs. We ought to welcome it in the
welfare system. We ought to recognize the healing power of faith in
--President George W. Bush (1)
I. JUDICIAL ACTIVISM
II. THE NATURE AND SOURCE OF
III. THE LIBERAL ACTIVISM OF THE
IV. CONSERVATIVE ACTIVISM BY THE
A. Bush v. Gore
B. Racial Preferences
II. WHY WE SHOULD CARE ABOUT ISSUES
CONCERNING THE TRUTH OF SINGULAR LEGAL
III. SKEPTICISM ABOUT TRUTH IN LAW:
ITS CAUSE AND CURE
A. Three Pseudo-Skepticisms About the Truth of
I am delighted that the Federalist Society asked me to participate in its Symposium on Law and Truth. I suspect, however, given my previous jurisprudential writings, that I was invited in order to play the role of Pontius Pilate. But I refuse that...
I. PUBLIC INFORMATION ABOUT THE JURY
II. SYSTEMATIC STUDIES OF JURY DECISIONS
III. HOW JURIES DECIDE
An experienced attorney recently forwarded an email sharing the descriptions of several recent verdicts in civil cases. He suggested...
The best way to get a clear view of questions about truth--in the law or anywhere else--is to start, not with debates over "modernism" versus "post-modernism," and the whole dubious history of ideas they presuppose, but with a few simple distinctions....