Category Archives: Articles

Dreams and Formulas: The Roles of Particularism and Principlism in the Law

The term “particularism” is encountered only rarely in the law. The basic idea of particularism itself is, however, of great importance in the law. Particularism is, helpfully, much more prominent in contemporary moral philosophy. The opposite of particularism, in moral … Continue reading

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Shared Sovereign Immunity as an Alternative to Federal Preemption: An Essay on the Attribution of Responsibility for Harm to Others

In 1992, the Supreme Court handed down a plurality decision in Cipollone v. Liggett Group, Inc. That decision, together with a series of subsequent cases dealing with the federal preemption of state tort law, served to reverse a long-standing judicial … Continue reading

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The Vast Injustice Perpetuated by State and Local Tax Policy

Using the standards of justice defined by Judeo-Christian ethical principles, this Article argues that the people in all fifty states are tolerating unjust, and in many states, exceedingly unjust, state and local tax policy that is oppressing the poorest and … Continue reading

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IS THERE A FLIGHT FROM ARBITRATION?

Are parties fleeing arbitration? “Ten to [twenty] years ago,” one commentator writes, “arbitration was the proverbial fair-haired kid. It was touted as being cheaper, faster, and less confrontational than litigation.” Today, the child seems to have grown into a troubled … Continue reading

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Parents by the Numbers

Family law, as part of the larger prevailing culture, has enshrined the number two. By constructing links among sex, marriage, and procreation and conceptualizing each as a practice for two, family law takes as its paradigm the couple or the … Continue reading

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The Influence of the American Lawyers’ Code of Conduct on ABA Rules and Standards

In 1980, the Kutak Commission published a Discussion Draft of the American Bar Association’s Model Rules of Professional Conduct (“Model Rules”). Out of concern that the Model Rules would not adequately reflect the views of practicing lawyers, or adequately protect … Continue reading

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Lawyering in the Supreme Court

At the beginning of the Supreme Court Term, Marcia Coyle, who is one of the Supreme Court reporters for the National Law Journal, wrote an article about the upcoming Supreme Court Term. And one of the things that she focused … Continue reading

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The Civil Government Litigator: A View From the Jury Box

Much has been written about the professional role and responsibilities of criminal prosecutors. Prosecutors are considered ethically and professionally exceptional. Courts and the profession expect more from them than from lawyers for private parties: We expect prosecutors to “seek justice.” … Continue reading

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A View From Inside the Ropes: A Prosecutor’s Viewpoint on Disclosing Exculpatory Evidence

In late August 2009, after thirty years as a local and state prosecutor, I began a new position as a Visiting Assistant Professor at the Hofstra University School of Law. Within three weeks of my first class, I received a … Continue reading

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The (Lack of) Enforcement of Prosecutor Disclosure

Criminal defense lawyers and academics have long complained of failures by prosecutors to honor their constitutional and ethical obligations to disclose exculpatory information. In recent years, such prosecutorial failures have gained the attention of a broad audience. The advent of … Continue reading

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