McNamara's choice

Article Abstract:

Lawyers should be reluctant to criticize Robert S. McNamara for the devotion he showed to President Lyndon Johnson as the Vietnam debacle worsened. As a cabinet officer, McNamara served at the president's pleasure, and was therefore in good conscience required to do as his client bade, or else resign. He acted as well as is generally possible, and showed a talent for the sort of consensus-building that is vital to the American form of government and that McNamara's detractors often scorn. McNamara has recently published a memoir, 'In Retrospect,' that admits that U.S. policy on Vietnam was wrong.

United States, Political aspects, Vietnam, Public opinion, Authorship, Vietnamese Conflict, 1961-1975, Loyalty, McNamara, Robert S., In Retrospect: The Tragedy and Lessons of Vietnam (Nonfiction work)

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Choice-of-law clause, often overlooked, can trip up counsel

Article Abstract:

It is customary for parties to a business transaction who come from different jurisdictions to stipulate which jurisdiction's law will apply to their transaction. Restatement of the Law (2d) of Conflict of Laws Section 187 governs stipulated law clauses in commercial contracts. A court may have to enter the picture when the stipulation is invalid because the jurisdiction chosen has no 'substantial relationship' to either party. The Restatement's Comment e, the 'rule of validation,' requires courts to favor parties' expectations and hold in favor of the law they stipulated to whenever possible.

Contracts, Conflict of laws

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Choice of role not injudicious

Article Abstract:

J. Michael Luttig's participation in the Justice Department's support for the nomination of Clarence Thomas to the Supreme Court was proper, contrary to what Edna Epstein asserted in NLJ, 12-23-91. At the time of Thomas's confirmation hearings Luttig had been appointed to the 4th US Circuit Court of Appeals but had not yet been sworn in; he was still in charge of the Justice Department's Office of Legal Counsel. Consequently it was still Luttig's responsibility as a lawyer to serve his client, in this case Thomas.

Officials and employees, Attorneys, Lawyers, Ethical aspects, Judicial selection, United States. Department of Justice. Office of Legal Counsel, United States. Courts of Appeals

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