We assess the credit market impact of allowing mortgage “strip-down” as a foreclosureprevention measure, where strip-down reduces the principal of underwater residential mortgages to the current market value of the property for homeowners in Chapter 13 bankruptcy. Our identification is provided by a series of U.S. court decisions that introduced strip-down in parts of the U.S. and a Supreme Cou...

The reliability of confessions is subject to a variety of factors, some of which give rise to expert testimony. To the degree that prosecutors construe the determination of reliability as an objective standard, they may attempt to bar testimony. Moreover, when the testimony is theoretical rather than clinical, there are additional challenges. Depending on jurisdiction, the admissibility of expe...

“Patient safety” has always been an important aspect of medical service. As investigative facilities and subspecialties have increased, the value of interdepartmental coordination has come into picture and is of value to avoid medical errors or in other terms of medical negligence. The relevance of the coordination increased after Supreme Court judgment in V.P. Santha Case (Since 1995), where m...

Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the professio...

It is no exaggeration to say that no U.S. Supreme Court opinion has been more misunderstood and has had its arguments more misrepresented in the public square than Roe v. Wade (1973). 1 There seems to be a widespread perception that Roe was a moderate opinion that does not support abortion on demand, i.e., unrestricted abortion for all nine months for virtually any reason. Even a philosopher of...

This article explores the ways in which the court’s recognition of a broad zone of personal liberty in Lawrence v. Texas may serve to strengthen a woman’s constitutionally protected reproductive rights in future Supreme Court decisions. Part of the author’s analysis focuses on using particular Justices’ opinions (and dissents) to predict the direction of future challenges to abortion rights in ...

Recent decisions in Canadian Law suggest that it is evolving in a manner heavily influenced by American law. A recent Supreme Court decision uses the framework of prevailing law and superimposes the more stringent criteria enunciated in Daubert v. Merrell Dow Pharmaceuticals, Inc. We trace this development, reviewing the intervening cases that have contributed, and conclude with a summary of th...