33 research outputs found

    Book Review: The Supreme Court: How It Was, How It Is. by William H. Rehnquist.

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    Book review: The Supreme Court: How It Was, How It Is. By William H. Rehnquist. New York: William Morrow & Company. 1987. Pp. 338. Reviewed by: Patrick J. Schiltz

    Book Review: The Supreme Court: How It Was, How It Is. by William H. Rehnquist.

    Get PDF
    Book review: The Supreme Court: How It Was, How It Is. By William H. Rehnquist. New York: William Morrow & Company. 1987. Pp. 338. Reviewed by: Patrick J. Schiltz

    On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession

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    Dear Law Student: I have good news and bad news. The bad news is that the profession that you are about to enter is one of the most unhappy and unhealthy on the face of the earth--and, in the view of many, one of the most unethical. The good news is that you can join this profession and still be happy, healthy, and ethical. I am writing to tell you how. I. THE WELL-BEING OF LAWYERS Lawyers play an enormously important role in our society. It is the lawyers who run our civilization for us-our governments, our business, our private lives. Thus you might expect that a lot of people would be concerned about the physical and mental health of lawyers. You would be wrong. Contrary to the old joke, scientists have not replaced laboratory rats with lawyers, and medical literature has little to say about the well-being of attorneys. At the same time, many law professors-at least those teaching at the fifty or so schools that consider themselves to be in the Top Twenty -do not care much about lawyers. Increasingly, faculties of elite schools and aspiring elite schools consist of professors who have not practiced law, who have little interest in teaching students to practice law, and who pay scant attention to the work of practicing lawyers. Even law professors like me-law professors who practiced law for several years, who love teaching, and who are intensely interested in the work of lawyers--often do not have the training or resources to conduct empirical research about the legal profession. As a result, legal scholarship also has little to say about the well-being of attorneys. If one looks hard enough, though, one can scratch up some in- formation about the health and happiness of attorneys. And this in- formation-although rather sparse and, in some cases, of limited value-strongly suggests that lawyers are in remarkably poor health and quite unhappy

    Provoking Introspection: A Reply to Galanter & Palay, Hull, Kelly, Lesnick, McLaughlin, Pepper, and Traynor

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    I have benefitted enormously from reading the Responses, and I am grateful to all of the commentators for entering into this conversation with me. There is much in each of the seven Responses to which I would like to reply-sometimes to agree, sometimes to disagree, sometimes to elaborate, sometimes just to express puzzlement. Unfortunately, though, my time and space are extremely limited. Given those limitations, I will first reply generally to Marc Galanter and Thomas Palay, Michael Kelly, Howard Lesnick, Stephen Pepper, and Michael Traynor, all of whom seem to be at least somewhat sympathetic to the underlying theme of my Article. I will then reply to Mary McLaughlin, the only commentator who is broadly unsympathetic to my underlying theme and who disagrees with me on a wide range of issues. Finally, I will reply to Kathleen Hull, who strongly disputes the evidence upon which I have relied in arguing that lawyers are unhappy

    Much Ado About Little: Explaining the Sturm Und Drang over the Citation of Unpublished Opinions

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    The Impact of Clergy Sexual Misconduct Litigation on Religious Liberty

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    The harm that the direct. victims of clergy sexual misconduct have suffered has been the subject of extensive publicity. By contrast, the harm that the indirect victims suffer has received little attention. This Article identifies and discusses the costs—to those who belong to churches and to those who are served by churches—of using litigation to bring about compensation for victims of clergy sexual misconduct. These costs include loss of monetary resources a church would otherwise use for religious, charitable, or educational purposes; the possibility of a ministry not representative of the people it serves; decreased positive interactions between pastors and their congregants; a changed relationship between bishop and pastor in which bishop is no longer a confidant; changes in the structure of the church\u27s hierarchy; and finally, a decreased ability for churches to participate in public life. This Article contends that using litigation to compensate victims of clergy sexual misconduct poses a threat to religious freedom. The Article concludes by recommending that churches devise a means of fairly compensating victims with as little harm to religious liberty as possible

    Global patient outcomes after elective surgery: prospective cohort study in 27 low-, middle- and high-income countries.

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    BACKGROUND: As global initiatives increase patient access to surgical treatments, there remains a need to understand the adverse effects of surgery and define appropriate levels of perioperative care. METHODS: We designed a prospective international 7-day cohort study of outcomes following elective adult inpatient surgery in 27 countries. The primary outcome was in-hospital complications. Secondary outcomes were death following a complication (failure to rescue) and death in hospital. Process measures were admission to critical care immediately after surgery or to treat a complication and duration of hospital stay. A single definition of critical care was used for all countries. RESULTS: A total of 474 hospitals in 19 high-, 7 middle- and 1 low-income country were included in the primary analysis. Data included 44 814 patients with a median hospital stay of 4 (range 2-7) days. A total of 7508 patients (16.8%) developed one or more postoperative complication and 207 died (0.5%). The overall mortality among patients who developed complications was 2.8%. Mortality following complications ranged from 2.4% for pulmonary embolism to 43.9% for cardiac arrest. A total of 4360 (9.7%) patients were admitted to a critical care unit as routine immediately after surgery, of whom 2198 (50.4%) developed a complication, with 105 (2.4%) deaths. A total of 1233 patients (16.4%) were admitted to a critical care unit to treat complications, with 119 (9.7%) deaths. Despite lower baseline risk, outcomes were similar in low- and middle-income compared with high-income countries. CONCLUSIONS: Poor patient outcomes are common after inpatient surgery. Global initiatives to increase access to surgical treatments should also address the need for safe perioperative care. STUDY REGISTRATION: ISRCTN5181700
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