Despite a growing awareness that mistaken eyewitness identifications contribute significantly to wrongful convictions, most courts continue to apply federal Due Process criteria for admissibility of eyewitness identification that has proved useless in protecting against the use of highly unreliable evidence. In response, this article reviews the path-breaking decisions of several state supreme ...

One of the most critical problems that hospitality firms face in selecting employees is that the use of cognitive ability tests and other valid predictors of job performance lead to subgroup differences between majority and minority group members. The recent Ricci v. DeStefano U.S. Supreme Court case provides new implications for the adverse diversity-validity dilemma. This paper seeks to bridg...

Courts, and especially the Supreme Court, frequently engage in moral reasoning as an aspect of their judicial decision making.1 And it is both necessary and desirable that they do So. Although it may be impossible to specify precise rules concerning the occasions for invocation of moral judgments or the weight that such judgments should be given in comparison with other legally relevant factors...

We estimate an equilibrium model of decision-making in the US Supreme Court which takes into account both private information and ideological differences between justices. We measure the value of information in the court by the probability that a justice votes differently from how she would have voted without case-specific information. Our results suggest a sizable value of information: in 44% ...

INTRODUCTION ................................................................................... 613 I. THE THIRD-PARTY DOCTRINE AND SUBSTITUTION EFFECTS .................................................................................... 614 II. DESCRIPTIVE PROBLEMS WITH SUBSTITUTION EFFECTS .... 616 A. Criminal Motivation: The Supreme Court and Substitution Effects ..............................

This Note explores Congress’ attempts to restrict Oregon’s Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 (”LDAP Act”) and the Pain Relief Promotion Act of 1999 (”PRPA”). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Not...

In 2006, the Supreme Court paved the way for the sacramental use of a hallucinogen, hoasca, to be imported, distributed and ingested by a religious group. This case has broad implications for religious freedom for using sacramental psychotropics and how such cases might be decided in the future. This article outlines the arguments used both by the church and by the government. It lists the fact...

We investigate shared language between U.S. Supreme Court majority opinions and interest groups’ corresponding amicus briefs. Specifically, we evaluate whether language that originated in an amicus brief acquired legal precedent status by being cited in the Court’s opinion. Using plagiarism detection software, automated querying of a large legal database, and manual analysis, we establish seven...

In its June 2008 decision in MetLife v. Glenn, the Supreme Court held that federal courts reviewing claim denials by Employee Retirement Income Security Act (ERISA) employee benefit plan administrators should take into account the fact that plan administrators (insurers or self-insured plans) face a conflict of interest because they pay claims out of their own pockets and arguably stand to prof...

Iranian moderates made significant gains in the country’s February 2016 legislative elections. The reformists won 85 out of 290 seats compared with 75 seats for the conservatives. However, the reformists represented in the new parliament have no historical continuity with the reformist camp of the former President Mohammad Khatami; those reformists who might challenge the supreme leaders ideolo...