Cause-In-Fact and the Plaintiff’’s Burden of Proof with Regard to Causation and Damages in Transactional Legal Malpractice Matters: The Necessity of Demonstrating the Better Deal

Apr 16, 2004 | Lead Articles, Number 2, Print Edition, Volume 37

Since time immemorial, philosophers, theologians, mathematicians, and members of the bar have been fascinated with the concept of cause and effect.  Indeed, since at least the days of the Scottish philosopher David Hume, there has been an exhaustive attempt to...

Constitutional Law——Violations of Family Educational Rights and Privacy Act Create No Personal Rights Under § 1983——Gonzaga University v. Doe, 536 U.S. 273 (2002)

Apr 8, 2004 | Case Comments, Number 2, Print Edition, Volume 37

Section 1983 of the Civil Rights Act permits individuals to bring private actions against state actors for ““deprivation of any rights, privileges, or immunities secured by the Constitution and laws.”  Courts, however, have continually refused to recognize...

““Democratic Experimentalism””: A Separation of Powers For Our Time?

Apr 1, 2004 | Lead Articles, Number 2, Print Edition, Volume 37

The American administrative state often looks like Hobbes’’ Leviathan itself.  It makes and changes law on a scale and with an inscrutability that are scarcely to be believed.  Its agencies at times seem rigidly bureaucratic while at others cravenly partisan and...

Constitutional Law——Speech Restriction, Governmental Interests, and an Ordinance’’s Constitutionality——Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2002)

Mar 29, 2004 | Case Comments, Number 2, Print Edition, Volume 37

Freedom of speech is a fundamental American liberty guaranteed by the First Amendment of the United States Constitution.  The Supreme Court of the United States has ruled that a governmental regulation cannot unduly burden an individual’’s First Amendment...

The Need for Private Prosecutors: An Analysis of Massachusetts and New Hampshire Law

Mar 28, 2004 | Notes, Number 2, Print Edition, Volume 37

In the American criminal justice system, the appropriate prosecutor’’s office is responsible for seeking justice for the victims of crime, leaving crime victims with little or no recourse following a decision not to prosecute.  Crime victims can address this...

The Fate of Surplus Cryopreserved Embryos: What Is the Superior Alternative for Their Disposition?

Mar 28, 2004 | Notes, Number 2, Print Edition, Volume 37

As a result of recent advancements in reproductive technology, many infertile couples have turned to in vitro fertilization (IVF) as an alternative means of conception.  Following the birth of the first “test-tube baby” in the United States in 1981, IVF has enabled...