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I wish to thank Peggy Sanner for valuable suggestions, Eleanor Davison for processing this piece, and Jim Rogers for generous continuing support. Errors that remain are mine.
Expanding the number of U.S. district judgeships is often justified as a response to expanding caseloads. Increasing judgeships during unified government, however, allows Congress and the President to engage in political (patronage and ideological) control of the federal district courts. This paper examines empirically the relative importance of caseload pressure and political motives for Congr...
The law did not protect us. And now, in your time, the law has become an excuse for stopping and frisking you, which is to say, for furthering the assault on your body. —Ta-Nehisi Coates 1 [T]his case tells everyone. .. that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state,...
Traditionally, courts have applied a “customary practice” standard in determining the legal standard of care in medical malpractice cases. Recently, a few courts have abandoned this dated standard and instead applied a Daubert analysis to the standard of care, which focuses on medical evidence that is scientifically based . In light of these recent holdings, this iBrief argues that with the inc...
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