the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted econo...

Oregon's Death with Dignity Act was first passed by a ballot initiative in 1994, but numerous judicial challenges delayed implementation of the Act. In November of 1997, following the United States Supreme Court decisions in Vacco v. Quill and Washington v. Glucksberg, which left the states' power to regulate physician-assisted suicide undisturbed, the Oregon voters upheld their law. Oregon rem...

Many prominent jurists and scholars, including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein, have recently advocated a “minimalist” approach to opinion writing at the Supreme Court. They assert that the Court should issue narrow, fact-bound decisions that do not resolve much beyond the case before it. I argue that minimalism, as employed by the current Supreme ...

The rule on sequestration (exclusion) of witnesses is designed to avoid fabrication and collusion and has traditional roots in the Old Testament. Special rules apply regarding expert witnesses and "support persons." The contours of such special rules are explored within the Federal Rules of Evidence, state rules of evidence, state appellate and supreme court decisions, and U.S. Supreme Court de...

In the 1989 case Webster v. Reproductive Health Services, the US Supreme Court upheld the constitutionality of a Missouri law regulating abortion [3] care. The Missouri law prohibited the use of public facilities, employees, or funds to provide abortion [3] counseling or services. The law also placed restrictions on physicians who provided abortions. A group of physicians affected by the law ch...

In the 1989 case Webster v. Reproductive Health Services, the US Supreme Court upheld the constitutionality of a Missouri law regulating abortion [3] care. The Missouri law prohibited the use of public facilities, employees, or funds to provide abortion [3] counseling or services. The law also placed restrictions on physicians who provided abortions. A group of physicians affected by the law ch...

The Supreme Court’s precedents continue to tolerate many practices that would shock modern sensibilities. Eugenic sterilization, race-based naturalization, forced labor on public roads, the conscription of child soldiers, and exclusion non-heterosexual immigrants all remain ostensibly valid policy options. Yet Court lacks standard tools for phasing out decisions offend our national character. v...

In the 1989 case Webster v. Reproductive Health Services, the US Supreme Court upheld the constitutionality of a Missouri law regulating abortion [3] care. The Missouri law prohibited the use of public facilities, employees, or funds to provide abortion [3] counseling or services. The law also placed restrictions on physicians who provided abortions. A group of physicians affected by the law ch...

According to attitudinal theorists, justices on the U. S. Supreme Court decide cases largely on political preferences that fall within one dimension of ideology. The focus of this study is to test whether a unidimensional ideological model explains the voting behavior of Canadian Supreme Court justices (1992-1997). The factor analysis results in three areas of law, two of which have never been ...