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Full-Text Articles in Law

Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …


The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell Jun 1965

The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell

Michigan Law Review

Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …


The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock Jun 1965

The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock

Michigan Law Review

The following discussion explores the interaction between law and economics as these two disciplines relate to the issues which arise under section 7 of the Clayton Act, as amended in 1950, and examines the correlative problems implicit in the working arrangements between lawyers and economists when they are asked to counsel an enforcement agency or an acquiring or acquired company concerning the potential competitive consequences of a merger.


Noise And The Law, George A. Spater Jun 1965

Noise And The Law, George A. Spater

Michigan Law Review

For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.


Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton Jun 1965

Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton

Michigan Law Review

The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.


Science And The Law Symposium: Introduction, David F. Cavers Jun 1965

Science And The Law Symposium: Introduction, David F. Cavers

Michigan Law Review

This symposium reflects a growing concern that, in a period when our society is being rapidly transformed by science and technology, increasing attention be directed to the bearing of this development on law as our society's primary control system. Moreover, since law can exert some influence on the rate and direction of scientific and technological change, the examination must extend as well to the bearing of law on the processes of that change.


The Unborn Plaintiff, David A. Gordon Feb 1965

The Unborn Plaintiff, David A. Gordon

Michigan Law Review

It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.