Legal Affairs
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January | February 2005
Originalist Sin
Lincoln Caplan

SCENES
Identity Crisis
To make its players safe, the NFL is tackling schemers and scammers.
By Andy Latack

Parliament of Dunces
The Filipino constitution needs to change so that more competent legislators can be elected.
By James B. Goodno

The Fall of New Rome
Ohio motorists mourn the town that tickets built.
By Geoffrey Gagnon

The King of Plots
Meet Michael Levin, the man who teaches lawyers how to write.
By Aaron Dalton

NUMBERS
Disappearing Act
Trials are vanishing from courtrooms as lawsuits increase.

THE PRUDENT JURIST
Should lawyers ever lie?
William H. Simon

TERMS OF ART
The Goods, the Bads, and the Ugly
The Fifth Amendment says that the government can take private property from its owners for public use. Just what that means is a question the Supreme Court is reconsidering.
By Thomas W. Merrill

ARGUMENT
The Appearance of Propriety
The judicial canons have got it wrong. The real ethical issues facing judges are hidden from view.
By Alex Kozinski

Cats With 10 Lives
Why we need to regulate the cloning of felines and other animals.
By Jay Dixit


FEATURES
The Gentle People
Impressed by their piety, courts have permitted the Amish to live outside the law. But in some places, the group's ethic of forgive and forget has produced a plague of incest—and let many perpetrators go unpunished.
By Nadya Labi

The Last Lord Chancellor?
England is on the verge of stripping its most hallowed legal official of his power to sit as a judge, appoint judges, and be speaker of the House of Lords, but it may let him keep his title.
By William Goodhart

Man And The Machines
It's time to start thinking about how we might grant legal rights to computers.
By Benjamin Soskis

Suspect Memories
Taking into account decades of scientific research, New Jersey is reforming its lineup procedures to reduce the number of false identifications. But it's never easy to pick a criminal out of a crowd.
By Jascha Hoffman

Common Denominator
Using sophisticated mathematical models, a group of four economists has proven that a country's legal history greatly affects its economy. At least they think they've proven it.
By Nicholas Thompson

Money Talks
In a race for the Ohio Supreme Court, one candidate spoke freely about his views and the other filled his war chest. Guess who won.
By Andrew Goldstein


REVIEWS
practice
Time Bomb at Mauna Loa
Environmental laws fought off hazards for a generation. But what about the challenges of the next?
By Bill McKibben

academy
Pharma Furor
Why two high-profile attacks on big drug companies flunk the test of basic economics.
By Richard A. Epstein

elsewhere
The First Amendment protects coarse college cheers—and other happenings in the nation's law reviews.

academy
Not So Free Speech
In perilous times we most need this basic liberty—and libertarians have had to struggle to protect it.
By Rod Smolla

practice
Touting Thomas
The truth about America's most maligned justice.
By Stephen B. Presser

EXHIBIT
Body Art
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