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September | October 2004

The Great Divider
Lincoln Caplan


SCENES
Making The Partner
By Justin Dillon
It's The Apprentice, but with lawyers.

Above It All
By Amy Sullivan
An Alabama congressman wants to give God an exemption from judicial review.

Peter Ambrose, Bladder Cop
By Ben Goldstein
Testing athletes' urine is his business.

The Beagle Brigade
By Will Potter
A law that tells animal rights activists to heel.

THE PRUDENT JURIST
By William H. Simon
A judge helps a defendant make a getaway.

TERMS OF ART
Salmon and the Caesar
By Mark Dowie
Will a doctrine from the Roman Empire sink ocean aquaculture?

ARGUMENT
Stealing the Show
By Emily Bazelon
The trial of Marwan Barghouti was supposed to prove that he is a terrorist. Instead, Israel may have created the Palestinian Mandela.

When to Hold 'Em
By Thomas F. Powers
The U.S. should detain suspected terrorists—even if it can't make a case against them in court.



Be Careful What You Vote For
Your vote for president in November could be for four new Supreme Court justices. A forum on Election 2004 with Stephen B. Presser, David Strauss, and Mark Tushnet.
PLUS: SUPREME STATS
What if Supreme Court justices were picked based on their career numbers instead of their politics?

The Passion of Father Paul Shanley
By JoAnn Wypijewski
Paul Shanley became the most demonized among the church's fallen fathers. But whatever his sins, they have nothing to do with the evidence to be presented against him in court.

Litigation By Loan Shark
By Daniel Brook
Litigation finance companies loan money to plaintiffs too poor to press their cases against well-funded insurance companies. Is this industry leveling the playing field or exploiting the system?



REVIEWS

academy
Continental Divide
Americans see privacy as a protection of liberty, Europeans as a protection of dignity. Are both destined to perish?
By Jeffrey Rosen

practice
Newtonians and Charlatans
Do scientific witnesses spout quackery?
By Daniel J. Kevles

practice
The Other Detainees
Lost in the protests about the detentions at Guantánamo Bay are 20,000 immigrants behind bars in the United States.
By Serena Hoy

academy
Elsewhere
Trial courts get horizontal, lawyers get religion, and other trends from the nation's law reviews.



STORIES

Killing Their Young
The murder of a newborn by her mother is one of the most difficult crimes to fathom—and one of the hardest to prosecute successfully.
By Dashka Slater

Empty Suits
The decline of the once mighty Association of Trial Lawyers of America.
By Alicia Mundy

Moving Mountains
Frank Duval has wanted to extract the silver lining from Montana's Cabinet Mountains for 40 years.
By Geoffrey Gagnon



EXHIBIT
Warrior Goddess

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