Report me and my cause aright
Hamlet, Act V, Scene 2
|Volume XXIV, No. 1||November 2005|
What a meeting it was! On behalf of the ARJD, I extend the warmest thanks to our hosts Robert Williams and Carol Ellis CBE QC. The fact that it went well was due in large part to their hospitality and the work that went into organizing the meeting by Ed Jessen, Lloyd Hysan, Cliff Allen, the Education Chair, Leah Walker, and the members of the Executive Committee. As many of you know, Ed Jessen and Lloyd Hysan were unable to attend the meeting, but others stepped up to the plate. Wilma Grant's support was indispensable as was that of Nathalie Bourque, my assistant, who easily did a month's worth of work in five days. The support of our vendor colleagues, as usual, was fantastic.
The education meeting was great. David Kenworthy, who has seen courts from the perspective of a reporter and a judge, had some great "war stories" to share with us. Senior Master Robert Turner gave us a wonderful recitation of the history of the recording of judicial decisions, and the role of the textbook. He even brought samples, some of which were very old. He spoke to us a bit about his role as the Queen's Remembrancer, and that in itself was very interesting. I think our association has found a new friend! After lunch, we heard from another speaker on law reporting - Craig Rose, with LexisNexis UK, whose talk dovetailed nicely with Master Turner's. The next speaker, Joe Wilson, gave us a crash course on constitutional reform in the UK with an emphasis on the new Supreme Court. The last speaker was Fynette Eaton, whose work with NARA will be of use to Association members. I presented each of the speakers with a gift - a commemorative book about the Supreme Court of Canada, with a note of thanks. We capped the day's event with group photos - one with just members and one with members and guests. The photos turned out well, and are posted on our website.
Thomson West sponsored our Thursday night visit to the Tower of London, an unbelievable treat. Edith Lavin organized a walking tour of the Inns of Court, for the Friday morning. It was a really different twist on the usual tour of courts - we were all great walkers it would appear. We are just delighted that Edith is now on the executive board. LexisNexis sponsored a bus tour of the highlights of London for the Friday afternoon. We had the privilege of going to Gray's Inn on Friday evening for a reception hosted by the Incorporated Council of Law Reporting for England and Wales. Gray's Inn was most spectacular, especially the Hall with some stained glass windows that date back almost 600 years. There is a large wall (which they called a screen) at the end of the Hall that is reputed to be made from timber from a galleon of the Spanish Armada and a gift from Queen Elizabeth I.
The business meeting was interesting. Cliff Allen had some insightful feedback regarding what our new members hope to get from the Association. This will provide us with much useful material for discussion over the upcoming year. We had some discussions about our 25th anniversary, and Janette Bloom has agreed to visit Henry Lind and see what he might have in storage that we could use for an anniversary book. The nomination report was made and the new slate of officers is Barbara Kincaid as President, Ed Jessen as Immediate Past President, Wilma Grant as Vice-President, Edith Lavin as Secretary and Tim Fuller as Treasurer (for life or until retirement).
We were treated by LexisNexis to a wonderful cruise on the Thames River with great views, great food, great wine, great music...well you get the drift. After a brief business meeting on Monday morning, it was back to the reality.
It's a new Court year, and I wish you all the best. Please send me your suggestions for our meeting in Kansas City. Your executive board will be meeting in Washington at the United States Supreme Court on November 18, 2005, and we would welcome your input.
The Role of the Textbook
in the Common Law
Senior Master of the Supreme Court and Queen's Remembrancer
The Role of the Textbook
Good morning. Your Association does me a great honour in permitting me to attend this your 3rd International Symposium.
We are all beneficiaries of the great Common Law tradition. Though we owe to our forefathers an exceptional debt; in part three isolated events have fashioned the development of this extraordinary heritage.
Forgive me if I speak solely from an English viewpoint and for seeing the Law Report and textbook as but two threads of a common strand.
In 1100 AD, William Rufus built Westminster Hall, which became for 700 years the seat of the three Common Law courts of Exchequer, King's Bench and Common Pleas thus creating a legal complex in close proximity to both judges and lawyers.
In the 1340's the lawyers the Masters at Law acquired lodgings or Inns in the former hospicium of the Knights Templars on the banks of the Thames and the townhouses of Lord Grey of Wilton and Henry de Lacy, Earl of Lincoln just outside the City Walls, thereby forming a close association with each other and for the better instruction of their pupils who lodged in the Chambers of their Masters. Thus the tradition of oral instruction was founded.
And due to an accident of history our judges and courts chose to reject the straitjacket of a codified civil and criminal jurisdiction but instead choose to rely on a system of precedent which in turn depended on the dedication of the lawyer case reporters.
It was Lord Bingham at your Millennium Symposium at Cambridge who reminded us that in our Common Law system, the decisions of the judges are the source of law controlled by the doctrine of precedent.
Throughout these past 800 years the Office of the King's Remembrancer created on Michaelmas Day 1164 which I have had the honour to hold for ten years has witnessed this growth and development.
We choose not to rely on thesis and abstract theories in the manner of the Roman tradition which in turn led to the civil law practice of our European colleagues. Instead we taught our students of law to heed the practices of the courts, to understand the use of Writs and Forms of Action and to listen to the arguments of the Serjeants at Law and to follow the judgments of the justices on the bench. It was a very pragmatic and practical approach, which has stood the test of time and produced Century after Century a vibrant legal system in tune with the needs of the society it serves.
And to keep us all abreast of the state of play in the courts, we have relied on our law reporters and our textbook writers.
"The literature of a profession is a guide to the state of its intellectual development", wrote Professor J.H. Baker, a Fellow of St Catherine's College, Cambridge and the Downing Professor of the Laws of England in his Introduction to English Legal History, (2002).
We have been very fortunate in England by the wealth of material outlining the growth of our legal system and especially in the extent to which the early lawyers reported the cases decided in the Courts and the textbook writers produced comprehensive but useful distillations of the various disciplines.
Possibly the first and most fascinating work was the text book written in about 1177 by Richard FitzNigel, Bishop of London, and a judge of the Court of Exchequer. He gives in the Dialogus de Scaccario an account of the working of that court in the graphic form of a viva voce discourse between a pupil and his master. Without this textbook we would know little of the practical workings of a medieval court. But perhaps the gem in this book is the opening passage where the author writes:
"In the twenty-third year of the reign of king Henry II, while I sat at the window of the tower which is by the river Thames on the east side of Westminster Hall".
This window and its view could be found today were it not for the 19th Century addition of the Pugin and Barry Houses of Parliament which now block the view but an Elizabethan map of London in the Queen's Bench Masters' corridor shows clearly that tower.
It was followed by the first book on the Common Law, Glanvill with his Treatise on the Laws and Customs of England at the start of the 18th Century. Its significance is that it concentrated on the precedents set by the Writs issued by the courts rather than on seeking to give an account of the decrees, which established the Law. This set the development of our legal system on the path of following precedent rather than seeking to follow a formal code of laws.
In contrast a textbook on the substantive law was written in the form of Bracton who too wrote "On the Laws and Customs of England" but there was a difference. Written twenty or so years after the collation of forms of Writs in Glanvill, it might have led England down the Continental path of developing a Code of Laws based on Roman and Canon Law with the academics leading the field. Perhaps fortuitously, the book was written too early in the development of our legal system and was not up dated over the centuries by the judges and lawyers.
Instead the legal commentators concentrated on the manner in which the courts conducted their business and the development of the cause of action based on the forms of Writ. Thus the lawyers and the Courts preferred to follow the precedents of the courts and thereby these reports of the Forms of Action took preference over a legal system based on a codified series of laws.
From about 1250 the arguments and decisions of the judges were recorded in the reports known as the Yearbooks. Individual authors were not known during the Middle Ages. With the advent of printing the practice grew of identifying those who had compiled the reports. These were in reality the early textbooks to which all lawyers referred for their guidance.
However it remained sufficient for counsel in court when citing a previous authority to say that he would "vouch the record", thus establishing the practice which continues to this day of requiring the reports to be signed by a member of the Bar.
The Named Reports developed during the Tudor and Stuart reigns continued to be the means for circulating the decisions of the courts amongst the legal fraternity until the 19th Century. Some of the textbooks of the day were of very poor quality often useless to many as they contained no index or list of contents.
Nevertheless there were attempts to collate the Law into a coherent text book or books and there were two men whose writings have had a lasting impact on the development of our system of legal education and the reporting of decisions so as to enable the courts and the judges to work within a settled and established legal system.
Although published posthumously, Sir Matthew Hale, former Chief Justice, wrote the History of the Common Law (1713), An Analysis of the Laws of England (1713) and The History of the Pleas of the Crown (1736). His achievement was to organise and present the material from the past in a manner which allowed it to be better understood.
But the greatest work of the 18th Century was Sir William Blackstone's Commentaries on the Laws of England (1765-69). Many lawyers to this day pride themselves in possessing a set of "Commentaries" as part of their private library. This work was the first connected and comprehensive survey of the laws of England since the 13th Century and Bracton. Sir John Baker describes it as the last survey of the old common law and the first legal textbook.
The 19th Century however saw the birth of the true modern legal textbooks with the publication of a plethora of books often written by young or disappointed lawyers with nothing better to do and anxious to earn a living outside the courts.
Some have stood the test of time and many will recognise some of the following:
Woodfall's Landlord and Tenant (1802)
Archbold's Pleading, Evidence and Practice in Criminal Cases (1822)
Chitty on Contracts (1826)
Byles on Bills of Exchange (1829)
Williams on Executors and Administrators (1832)
Some of the titles in the Common Law Library series published by Sweet & Maxwell illustrate the development of various disciplines of civil law.
Benjamin wrote his "Treatise on the law of sale of personal property with references to the French Code and the Civil Law" in 1868 at a time when such matters were of considerable importance to the affluent Victorian middle classes. Bullen & Leake wrote their Precedents of Pleadings in 1860 at the height of the Victorian reforms into the conduct of civil litigation and Phipson wrote his textbook on Evidence in 1892 shortly after the implementation of the Judicature Acts and the opening of the new Royal Courts of Justice in 1882.
These are still the cornerstones of the modern series of textbooks published in the Common Law Series.
The 18th and 19th centuries also saw the reporting of cases by some very professional reporters foremost of which was Sir James Burrow, the Master of the Crown Office of the King's Bench Division, a post still to be found in the Royal Courts of Justice.
Eventually the Incorporated Council of Law Reporting was set up to produce a professional and authoritative series known as the Law Reports. These drew their authority from the introduction of shorthand to enable the judgments to be recorded accurately and their submission to the judges for correction. They used well-written and accurate head notes and reported the pleadings, the evidence, the findings of fact, and the arguments of counsel. The authors were still members of the Bar but their identities were less well known.
One of the great Victorian Master of the Rolls, Lord Lindley, formulated a very sensible guide for what to report and what not to report.
Report: 1. All cases which introduce or appear to introduce a new principle or rule. 2. All cases which materially modify an existing principle or rule. 3. All cases which settle or materially tend to settle a question upon which the law is doubtful. 4. All cases which for any reason are peculiarly instructive.
Do not report: 1. Those cases which pass without discussion or consideration and which are valueless as precedents. 2. Those cases which are substantially repetitious of what is already reported.
However without legal publishers there would be no legal text books. Today Sweet & Maxwell have a thousand titles in their Professional Catalogue 2005. Two hundred years ago in 1800, Stephen Sweet published his first legal text book "Parker's Reports of Cases in the Court of Exchequer" from 3 Chancery Lane and on the fly sheet described himself as a Law Book Seller. Two years later Joseh Butterworth published "Woodfall on Landlord and Tenant". Alexander Maxwell a book auctioneer moved to Bell Yard which is now overlooked by the Royal Courts of Justice and in 1811 started publishing legal text books. Alexander Maxwell clearly profited in his business as in 1830/1831 he received a Royal Warrant from William IV which appointed him as a "Law Book Seller in Ordinary".
The USA was visited by Henry Sweet following the death of his father in 1841-- it appears to have been a profitable market for law books -- often I fear, pirated editions.
During the past Century, the law library of a member of the Bar would consist of a number of text books relevant to the particular disciplines in which he practised together with a set of reports. He would endeavour to have his own or a shared access to Halsbury's Laws and Statutes and he might subscribe to one or more of the series of reports such as the All England Reports or the Lloyds Reports and the Criminal Appeal Reports or even the Industrial Tribunal Reports in addition to his own set of Law Reports. But the more conservative of the judges would receive all these in their courts with reservations. They would expect at least a citation to come from the Law Reports or from a recent Weekly Law Report, which were the day-to-day reports from whose parts 2 & 3, the Law Reports were eventually to appear after they had been submitted to the judges.
The great advantage of these reports was the careful selection of relevant and useful authorities with well-written head notes. Occasionally a decision at nisi prius or first instance might be overlooked and only reported years later or sometimes a Court of Appeal judgment might be missed. This made the task of counsel so much easier. Solicitors would seldom refer to authorities in their instructions to counsel. The collation of the facts and the instructions of their client were seen, as the provence of solicitors whereas the research of the law and the authorities was the provence of counsel.
It was alongside this range of law reports that the textbook played its essential part. The law report was just one isolated decision, which needed to be seen in the wider context of the particular discipline. Some textbooks were treated as student guides and though much treasured by the budding lawyer, were only the stepping-stone to the much more profound and respected practitioner's authority. Thus a young law student might have passed his Bar Finals in Crime having studied Smith & Hogan yet on joining chambers nothing but Archbold would do in the Crown Court.
Neither the Common Law nor the Statute Law makers of Parliament have ever chosen to codify the law in the sense that the Civil Law jurisdictions have sought to achieve.
Perhaps the nearest to this end have been the two great series of legal encyclopaedias Halsbury's Law of England and Halsbury's Statutes. First published between 1907 and 1917-under the general editorship of that great Lord Chancellor Lord Halsbury who had served in that Office between 1885-1886, 1886-1892, and 1895-1905. It has retained the tradition of being reissued under the name of subsequent Chancellors though now that this distinguished Office has been all but subsumed by the political ministerial title of Secretary of State, the authority of that former office has been diminished. It is perhaps fitting that the current General Editor is Lord Mackay of Clasfern who held the Office of Lord Chancellor from 1987 till 1997 and was the first Scottish Law Officer to do so. His move from the Dutch tradition of Scotland to the Common Law of England was a remarkable achievement a credit to the ability of our systems of law to cross-fertilise.
In a less well-known manner, Atkin's Courts Forms has as a preface to every title, a comprehensive review of the law and practice relevant to the title, mini encyclopaedias in themselves.
As we enter the 21st Century we are able to witness the advantages and disadvantages of the new age of technology.
Today the legal scene is very different from that even of our father's generation. All the courts now publish either on the web or elsewhere their decisions. There are no less than 24 courts listed by the Supreme Court Library from whom in some form their decisions can be obtained. Most either for a fee will provide a hard copy or will make the judgments available on the web free of charge. I believe some 3,000 to 5,000 judgments are made available in England and Wales by superior courts of record, thus making the task of the law reporter and textbook writer worse by the day.
However, the Victorian judges usually gave their judgments verbatim and extempore in the more leisurely days of the 19th Century and managed to condense them to ten pages at the most. Nowadays it is not unusual to find 100 page judgments given in the Court of Appeal as judges now become accustomed to copy and paste in large sections of the authorises cited to them and include the chronology set out in counsels' written submissions. None try to provide the comprehensive and discerning head notes of the Law Reports which gave a brief resume of the facts and issues and set out the findings of the court in short form, which has been such a boom in the past. We have moved from the A-H margin identification letters to the numbered paragraphs and even lines of the modern reports. The advocate preparing his written submission and his oral presentation has to wade through so much dross just to find the gem that he needs to win his submission. It is here that he has to rely on the judgment and learning of the textbook writer.
Whereas the lawyer 50 years ago was able to keep himself abreast of the latest developments in the law by reading his Times each morning and peruse on a weekly basis the Weekly or All England Reports depending on his personal preference, the lawyer of today is faced by a tsunami tidal wave of uncontrolled and indigestible material.
It is in this minefield that the lawyer has to search for the pearl amongst a thousand pebbles truly the proverbial needle in the haystack. Hence today the textbook writer comes into his own.
The textbook writer needs to take advantage of the following qualities of this form of communication:
(a) An authoritative distillation of the law and practice of a particular discipline.
(b) Ease of reading the printed page is still so much easier to absorb than the computer screen.
(c) Confidence in an acknowledged authority courts readily heed the editorial comment and commentary of such titles as the White Book, the volumes in the Common Law Library, Halsbury's Laws and the like.
(d) Regular updates and supplements.
But in some respects little has changed over the centuries for the lawyer and the judge:
(1) Both are still bound by the principle of stare decisis and the precedents of superior courts.
(2) Each is looking to one or more levels of a higher court for a precedent which will guide them to make a submission or decision on a particular point of law.
(3) Neither has the time or energy to study all the relevant reports in his discipline.
(4) Often just one or two reports are all that need to be identified in order to decide a case.
(5) From these cases it may be just one or two sentences from a judgment that the Court will need to rely upon for its decision.
A perfect example of this facility is the White Book. First published in 1883 as the Annual Practice, then as the Supreme Court Practice and now as Civil Procedure, its distinctive white cover has gained it world wide the common reference as the "White Book" none would dream of referring to it by any other description.
It seeks to set out the Civil Procedure Rules and then provide a commentary written by a team of editors drawn from all walks of the legal world. Under the direction of a Lord Justice of Appeal it includes the entire Senior and Chief Masters, a number of High Court and Circuit and District Judges, corps of solicitors, barristers and the staff of the Supreme Court and that is not an exhaustive list. Perhaps no one volume has such worldwide recognition. Some jurisdictions still retain twenty-year-old editions as their standard form of reference where their own procedures have remained frozen in time.
The wheel giving access to vital legal knowledge has gone the full circle from the day on which Richard FitzNeal penned the opening sentence to the Dialogus de Scaccario whilst sitting by the window in Westminster Hall in 1177 to the room in chambers of the young barrister in the Temple or the glass-walled skyscraper of the solicitor's office on Canary Wharf. All were seeking an answer to the latest legal conundrum.
The ability to find an easy reference to the width of the duty of care or the latest practice in the Commercial Court for staying proceedings for ADR as set out in Vol 1 of the White Book, is the raison d'etre for the text book writer's art and in this country we are very well served by some of the World's greatest textbooks.
But we must remember that legal textbook writers need source material and that can only be gained from reported cases. Hence the role of the Law Reporter is pivotal in our great tradition of Common Law both here in England and Wales and across the Pond in the States and in Canada.
How I Spent My Summer Vacation --
a Senior Olympian's Perspective
Editor's Note: On a tip from Sheila D'Ambrosio and with the intent of showing that ARJD members are certainly not one-dimensional individuals, I pleaded with Bilee Cauley to share with us the following story.
Early this summer I had the wonderful experience of participating in the Senior National Games (also known as the Senior Olympics). The games, held every other year, were held in Pittsburgh this year, which as most of you know, is my hometown. Last year in Montgomery I qualified to represent Alabama in four cycling events at the Pittsburgh games: the 5k time trial, the 10k time trial, the 20k road race, and the 40k road race. To qualify to represent your state in an event at the national games, you must earn gold or silver in the qualifying event. Because of time constraints, I competed in only two events in Pittsburgh the 10k time trial and the 20k road race. Many of the participants are retired and spend all day every day training, so you get some idea of what the competition was like. My training consisted of (in addition to editing opinions, which did me little good in the cycling events) hill repeats a few nights a week, a long ride with sprint intervals on Saturday, and time trials on Wednesday nights.
The courses for both the time trial and the road race were hilly long and steep climbs. Luckily, I had driven the courses in a car with my niece when I was in Pittsburgh in May, so I did some hill-specific training rides. My niece actually asked me during the drive if I could climb the hills on a bicycle! Climbing them would not be the problem, I assured her; climbing them at race pace, however, would be! Descending on the hills was also tricky; after the time trial my bike computer noted my top speed on the curvy descent at 48 miles per hour-a record for me.
Over 12,000 athletes participated in the games, which included team and individual sports, e.g., track and field, swimming, tennis, basketball; over 1400 participated in the cycling events. Being around these athletes was inspirational. The athletes ranged from 50 years old (the minimum age for a senior olympian) to 100+. The oldest woman participating in the 10k time trial was 85! One of the men from Montgomery who participated in the 55-59 age group noted that men in the 80-84 age group were beating his time-trial time. He turned to me and said, "I thought this would get easier!" It was truly inspirational to see healthy, active people in their seventies, eighties, and even nineties enjoying the competition and the comradery.
The other amazing aspect of the cycling events was the bikes. Wendell had given me a new carbon-fiber bike as a Christmas/anniversary/birthday/Valentine's day gift, which I love and which was a great help in competing. However, most entrants had at least two such bikes: one devoted to time trialing and one to road racing. Let me just note that the wheels on some of the time-trial bikes cost over $3,000. Poor me, I had to use one bike for both events.
Okay, you ask, so how did I do? I finished in the middle of the pack in my age group (55-59) in the time trial, and I finished eighth for a place on the podium in the road race. I felt pretty good about it since my only other road race was the qualifying race the year before!
Even more fun than the competition, however, was being with friends and family. Wendell and several of our friends from Montgomery, some of whom were competing and some not, made the trip to Pittsburgh. My sister arranged many entertaining events for the group, including a Pirates-Orioles game at PNC Park, where my name was on the Jumbotron: "Congratulations Senior Olympian Bilee Cauley!" Don't, however, be looking for my picture on your box of Wheaties yet!
In an attempt to make this article somewhat relevant to the business of reporting, I will say Pittsburgh did an excellent job of hosting the Senior Olympics. Friends who have participated in several of the senior national games said that Pittsburgh was by far the best venue best local support, plenty of planned events, great organization, and wonderful, knowledgeable volunteers. If Pittsburgh can do such a great job hosting the influx of 30,000 athletes and their families and friends, imagine how much fun we'll have at our annual meeting in Pittsburgh in 2009!
One last word for those other seniors among us: if you swim, run, bike, or play tennis or even badminton, start practicing. The 2007 Senior Olympics are in Louisville, Kentucky.
We welcome three new active members to the ARJD. Ralph W. Preston is the Reporter of Decisions for the Ohio Supreme Court. Francois Boivin serves as Legal Editor in the Federal Court and Federal Court of Appeals of Canada. Stephen W. Kenyon is the Clerk of Court and Reporter of the Idaho Supreme Court and Court of Appeals. You are encouraged to attend our meetings and to become involved as ARJD officers or committee chairs.
Also, we welcome as a new retired member, the former Assistant Court Reporter at the Supreme Court of Ohio, John Manchak.
Education: C. Clifford Allen, Supreme Judicial Court and Appeals Court of Massachusetts
Electronic Publishing: William B. Jones, Jr., Supreme Court and Court of Appeals of Arkansas
Honors: Richard D. Ross, Kansas Supreme Court and Appeals Court
Membership: Kathryn M. Bann, Superior Court of Pennsylvania
Nominating Committee: Shauna Thomas, Supreme Court of Montana
Site Selection Committee: Lloyd M. Hysan, Supreme Court of the United States
Website Committee: Charles A. Ashe, New York State Reporting Bureau
The twenty-fifth annual meeting of the ARJD will be held on August 3-7, 2006, in Kansas City, Missouri. The Executive Board has approved the Fairmont on the Plaza Hotel in Kansas City as the site of our meeting. The room rate is $139 per night. Further details will be distributed in the spring.
Celebrating Benjamin Franklin's 300th Birthday in Philadelphia
A major exhibition will be held in Philadelphia to celebrate the Tercentenary of Benjamin Franklin. Franklin is the first founding father to turn 300. To coincide with the 300th anniversary of his birth, an international traveling exhibition, Benjamin Franklin: In Search of a Better World, will make its premiere from December 15, 2005, through April 30, 2006, at the National Constitution Center in Philadelphia. The exhibit was conceived and created by the Benjamin Franklin Tercentenary, a federally commissioned consortium of five Philadelphia institutions with ties to Franklin. Members include the American Philosophical Society, The Franklin Institute Science Museum, the Library Company of Philadelphia, the Philadelphia Museum of Art, and the University of Pennsylvania.
Philadelphia plans a Birthday Bash for Franklin on January 17, 2006, with related special events, promotions, and exhibitions. After its debut in Philadelphia, the exhibition will make stops in St. Louis from June 8 to September 4, 2006; in Houston from October 11, 2006, to January 21, 2007; in Denver from March 2 to May 20, 2007; in Atlanta from June 26 to September 23, 2007; and in Paris from November 1, 2007, to February 28, 2008.
President: Barbara Kincaid
General Counsel, Law Branch
Supreme Court of Canada
Vice-President: Wilma Grant
Manager, Publications Unit, Office of Data Systems
Supreme Court of the United States
Secretary: Edith V. Lavin
Supreme Court Attorney
Supreme Court of California
Treasurer: Truman S. Fuller
Reporter of Decisions
Supreme Court of Washington
Editors: C. Clifford Allen
Supreme Judicial Court of Massachusetts
Edward W. Jessen
Supreme Court of California
Layout: Denise Lynch
Supreme Court of California
Volume XXIV, No. 1 November 2005