judicial decision making

Walking in Their Shoes: The Reciprocal Argument Rule in Family Law Litigation

Family court is not ordinary litigation. In a business dispute, the parties may fight hard, settle, and never see each other again. In divorce and child custody disputes, the parties…

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Part I – The Fragility Rationale and the Case for Making and Preserving Records

The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…

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