On universal relevance in legal reasoning

The purpose of this essay is to defend a claim that a certain consideration, which I call unworkability, is universally and necessarily relevant to legal reasoning. By that I mean that it is a consideration that must carry legal weight in the justification of some judicial decisions in every legal system in which (1) all disputed matters of law can be adjudicated, and (2) all judicial decisions are to be legally justified. Unworkability's necessary relevance has important implications for a theory of relevance presented by Rolf Sartorius. On this theory, nearly all considerations that are relevant to a judicial decision are supplied by legal principles embedded in the legal rules and decisions, or by extralegal principles dependent, in some way, on the legal principles. (The exceptions to the embedding thesis that Sartorius would, no doubt, recognize are elaborated in the text but can be set aside here.) But there are possible legal systems which do not contain an embedded legal principle concerning unworkability; and nonetheless, unworkability is relevant to judicial reasoning in those systems. Hence, a theory of relevance that relies on principles embedded in the content of rules is too simplistic. Some substantive considerations are relevant for other reasons.     

The effects of environment and substrata on deoxyribonucleic acid (DNA): the use of casework samples from New York City

This study was designed to analyze the effects of the environment and substrata on the quality of deoxyribonucleic acid (DNA) isolated from evidentiary specimens. The quality of DNA isolated from actual casework specimens was determined by measuring its size by agarose gel electrophoresis. The information obtained could be used to predict the suitability of the DNA in the samples for restriction fragment length polymorphism (RFLP) analysis. The evidentiary specimens chosen for DNA were classified according to substrate (scrapings, plastic bags, synthetics, denim, and carpet) and according to a subjective evaluation of the condition of the stain (soiled, damp, or putrefied) and to its size (small or large). The results show that DNA of sufficient quality and high molecular weight (HMW) can be reliably isolated from bloodstains deposited on evidentiary items which have an unknown environmental history and which have dried onto a variety of substrata. Subsequent RFLP analysis of a selected number of these samples verified that the DNA was suitable for this type of analysis.     

Congress and criminal justice policy making: The impact of interest groups and symbolic politics

This article explores the congressional criminal justice policy-making process in the United States, using efforts toward federal criminal-code revision and capital punishment as case examples. It examines how interest groups and symbolic politics affect criminal justice policy and thereby attempts to enhance understanding of the political realities of criminal justice policy making. Based on the findings reported here, an approach to criminal justice policy making is recommended. This approach builds on the disjointed incremental model found in the political science literature and should facilitate criminal justice policy makers in becoming more effective participants in the legislative process.     

After the congressional veto: Assessing the alternatives

Congressional choice of effective replacements for the recently banned legislative veto will require an accurate understanding of the actual results of the now unconstitutional device. The impact of the veto varied strikingly depending on, among other things, the type and target of the veto and on the principal sites of review in Congress itself. No single mechanism will suffice. Rather a variety of devices are available and under consideration. The underlying question raised by this analysis is which effects of the veto are worth perpetuating in light of past results and stated congressional objectives.