The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this paper, we analyze the determinants that lead national courts to use the procedure. We add to previous studies by co...

Multiple pregnancy is increasingly considered a complication of in vitro fertilization (IVF) and ovarian stimulation for natural fertilization. Harms to fetuses, newborn and older children, mothers, families, and healthcare systems are encouraging single embryo transfer. When patients knowingly accept multiple pregnancy risks from IVF or ovarian stimulation, they are unlikely to succeed in liti...

Attacks against judicial officials and the courts are rare events but carry the potential for tremendous impact on the American judiciary. In this article, the authors describe a systematic approach to prevent targeted violence against judges and their courts. They begin with a brief overview of findings from operational research on assassinations and attacks against public officials, including...

Skene and Parker are demonstrably mistaken in suggesting that the amicus role of Catholic bishops in three cases has been concerned with "developing" the law. In contrast with Skene and Parker's freestanding conception of legal principle, the Catholic understanding of law's rational moral foundations has permitted Catholic bishops to defend longstanding legal principle as well as defending the ...

Courts have established that when an eyewitness to an event under litigation, who has suffered loss of memory as the result of a physical blow, thereafter recovers his memory following yet another physical blow, the witness is competent to testify to the event.' Moreover, courts generally hold that an eyewitness's memory can be refreshed-in or out of court-by use of any device which will get th...

This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes th...

According to art.267 of the Treaty on the Functioning of the European Union (TFEU), the courts of the Member States may—and sometimes must—refer questions about the validity and interpretation of EU law to the Court of Justice of the EU so that it can make a binding ruling. This article reviews the practice of the European Court of Human Rights (ECtHR) on the demands that art.6 of the European ...

The nearly physical revulsion many conservatives feel for environmental groups and values, and their reflex action to protect business being encroached upon, threaten to wipe out all the gains that preceded this Court. Raw political partisanship that sees the [Rehnquist] Court side with business interests is most apparent in environmental cases. The courts are in lockstep with the Right's attem...

In trials witnesses often slant their testimony in order to advance their own interests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truth-revealing mechanism. More importantly, we develop a perfect truth-revealing mechanism. Under this mechanism the witness is sanctioned if a court eventuall...