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Articles 31 - 60 of 92
Full-Text Articles in Law
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Duke Law Journal
Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of the courts. After all, appointment politics will predict judicial outcomes only when judges are independent of sitting politicians. Because Japanese Supreme Court justices enjoy an independence similar to that of U.S. federal judges, I use judicial outcomes to ask whether Japanese premiers from different parties have appointed justices with different political preferences. Although the Liberal Democratic Party (LDP) governed Japan for most of the postwar period, it temporarily …
Are Appointed Judges Strategic Too?, Joanna M. Shepherd
Are Appointed Judges Strategic Too?, Joanna M. Shepherd
Duke Law Journal
The conventional wisdom among many legal scholars is that judicial independence can best be achieved with an appointive judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of judicial elections successfully eliminated the appointive systems of many states by arguing that judges who owed their jobs to politicians could never be truly independent. Because the judiciary could function as a check and balance on the other governmental branches only if it truly were independent of them, the reformers reasoned that only popular elections could ensure a truly independent judiciary. Using a data set of virtually …
When, What, And Why Do States Choose To Delegate?, Barbara Koremenos
When, What, And Why Do States Choose To Delegate?, Barbara Koremenos
Law and Contemporary Problems
Koremenos demonstrates that international delegation is an important and nontrivial empirical phenomenon. Using an extensive data set created from the United Nations Treaty Series, she finds that almost half of all international agreements involve delegation of some kind. By exploring the institutional design choices of international delegation, she finds that dispute resolution is the most commonly delegated function and often involves externally delegating authority to an existing arbitration tribunal or an international court. Furthermore, she finds that external delegation in particular increases with the existence of complex cooperation problems such as enforcement and uncertainty and with the heterogeneity and number …
Sovereignty And Delegation In International Organizations, David Epstein, Sharyn O'Halloran
Sovereignty And Delegation In International Organizations, David Epstein, Sharyn O'Halloran
Law and Contemporary Problems
No abstract provided.
The Globalization Of Health And Safety Standards: Delegation Of Regulatory Authority In The Sps Agreement Of The 1994 Agreement Establishing The World Trade Organization, Tim Buthe
Law and Contemporary Problems
Buthe examines why states delegated regulatory authority in the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures, an integral part of the founding treaty of the World Trade Organization (WTO). Buthe argues that, to explain this case of international delegation, principal-agent theory must be complemented by an analysis of cost-benefit calculations of the relevant domestic interest groups. Given these domestic interests, governments decided to institutionalize international cooperation on SPS measures outside of the WTO because they believed that such delegation would minimize the political costs of the loss of policymaking autonomy. Buthe notes, however, that in retrospect it …
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Duke Law Journal
In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this phenomenon perpetuates racial bias in case outcomes. To test the hypothesis that judges and jurors misremember case facts in racially biased ways, I conducted an empirical study in which participants were asked to recall facts of stories they had read only minutes earlier. Results of the …
Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack
Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack
Law and Contemporary Problems
Haack sketches an account of what science is and does that suggests how and why the ways in which scientific work is funded can distort or even block its progress. She puts her theory to work by analyzing the troubled history of the trials--clinical and legal--of Immune Response's AIDS drug, Remune.
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Law and Contemporary Problems
In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Law and Contemporary Problems
Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience.
Behavioral Genetics Research And Criminal Dna Databases, D. H. Kaye
Behavioral Genetics Research And Criminal Dna Databases, D. H. Kaye
Law and Contemporary Problems
Kaye discusses DNA databanks and the potential use of such databanks for behavioral genetics research. He addresses the concern that DNA databanks serve as a limitless repository for future research and that the samples used in the databanks could be used for research into a crime gene.
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Law and Contemporary Problems
Beecher-Monas and Garcia-Rill consider the unfortunate probability that behavioral genetics evidence will be misused to substantiate predictions of future dangerousness.
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
Law and Contemporary Problems
Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Law and Contemporary Problems
Kaplan discusses the limitations of human behavioral genetics studies, highlighting the research limitations inherent in studying humans and the narrow policy and legal applicability of results arising from behavioral genetics studies.
Behavioral Genetics And Crime, In Context, Owen D. Jones
Behavioral Genetics And Crime, In Context, Owen D. Jones
Law and Contemporary Problems
Jones explains the relationship between behavioral genetics and other disciplines in behavioral biology. He compares the potential contributions of behavioral genetics and behavioral ecology and suggests how the diverging efforts could be joined. He also notes that criminal law is but one of many fields of law potentially affected by behavioral genetics.
Behavioral Genetics: The Science Of Antisocial Behavior, Laura A. Baker, Serena Bezdjian, Adrian Raine
Behavioral Genetics: The Science Of Antisocial Behavior, Laura A. Baker, Serena Bezdjian, Adrian Raine
Law and Contemporary Problems
Baker et al discuss the methodologies and results of behavioral genetics studies, focusing on such traits as antisocial behavior, aggression, and behaviors associated with criminal conduct.
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Law and Contemporary Problems
In light of the abundance of studies focusing on the genetic contributions to addiction, Morse develops a meaningful background on the legal and scientific images of behavior, the disease concept of addiction, and the aspects of addiction for which a person may be held legally accountable.
Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.
Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.
Law and Contemporary Problems
No abstract provided.
Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen
Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen
Duke Environmental Law & Policy Forum
No abstract provided.
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
Law and Contemporary Problems
In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Law and Contemporary Problems
The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Faculty Scholarship
In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …
Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil
Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil
Law and Contemporary Problems
Warren and Marsil focus on six areas representing some of the most intractable problems that will require further attention from scientists and practitioners alike. Research on child witnesses is highlighted, concentrating primarily on studies published or presented in the past ten years.
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Law and Contemporary Problems
This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.
The Effects Of Volunteering On The Volunteer, John Wilson, Marc Musick
The Effects Of Volunteering On The Volunteer, John Wilson, Marc Musick
Law and Contemporary Problems
Wilson and Musick review some of the research on the supposed benefits of volunteering and describe briefly some of the results of their own work in this area. There is little doubt that there are individual benefits to be derived from doing volunteer work that reach far beyond the volunteer act itself and may linger long after the volunteer role is relinquished.
The Effective Use Of Volunteers: Best Practices For The Public Sector, Jeffrey L. Brudney
The Effective Use Of Volunteers: Best Practices For The Public Sector, Jeffrey L. Brudney
Law and Contemporary Problems
Brudney posits a relationship between the best practices and the benefits realized from volunteer involvement. A volunteer program in the public sector is sponsored by a government agency and, thus, occurs in an organizational context; remuneration is not provided for volunteers' contributions, but reimbursement for their expenses is permitted; the time is given freely, yet volunteers may certainly benefit as well, and the work fulfills ongoing responsibilities of the host agency.
Is American Violence A Crime Problem?, Franklin E. Zimring, Gordon Hawkins
Is American Violence A Crime Problem?, Franklin E. Zimring, Gordon Hawkins
Duke Law Journal
No abstract provided.
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Law and Contemporary Problems
Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.
Foreword, Joe S. Cecil, Gerald T. Wetherington
Foreword, Joe S. Cecil, Gerald T. Wetherington
Law and Contemporary Problems
No abstract provided.
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Law and Contemporary Problems
A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.