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Full-Text Articles in Law
Damage Anchors On Real Juries, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, John B. Meixner Jr.
Damage Anchors On Real Juries, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, John B. Meixner Jr.
Scholarly Works
Experiments reveal anchoring as a powerful force, even when participants see the anchor as irrelevant. Here, we examine the reactions of real deliberating jurors to attorney damage requests and concessions in 31 cases involving 33 plaintiffs in which the jury awarded damages. Jurors were critical consumers of attorney suggestions. They reacted more negatively to, and were less influenced by, plaintiff ad damnums for pain and suffering than to damage requests in categories grounded in more objective evidence. Deliberations revealed that jurors often perceive plaintiff ad damnums not only as irrelevant, but also as outrageous, impressions reflected in their verdicts. These …
The Burden Of Knowledge, Christian Turner
The Burden Of Knowledge, Christian Turner
Scholarly Works
Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
Scholarly Works
The interpretive or judicial philosophies of Supreme Court Justices can be thought of as “packages of beliefs” about how to interpret the law, packages that go by names like formalism, originalism, and textualism. Given the reasonable assumption that a judge's judicial philosophy could matter for how he or she will decide cases, the judicial philosophy of a nominee to the Supreme Court is of great interest to members of the Senate who vote on a nominee's confirmation. Figuring out a nominee's judicial philosophy is, consequently, one purpose of the confirmation hearings in the Senate, and Senators often claim to base …
Mason Ladd--In Memoriam, Ronald L. Carlson
Mason Ladd--In Memoriam, Ronald L. Carlson
Scholarly Works
Mason Ladd's life in the law of evidence will never be stilled. The contributions are too thoughtful, too productive, too filled with impact for that ever to happen. In the galaxy of great figures that includes Wigmore, Clearly, Morgan, Maguire, Weinstein, McCormick, Louisell, and others, Dean Ladd's star shone brightly. The mix of insight, humor, and good will that he brought to teaching and scholarly writing is unmatched. The influence of Mason Ladd is perhaps best summarized by this tribute: You can lose a man like Dean Ladd by your own death, but not by his.
The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson
The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson
Scholarly Works
In an earlier study, I examined the private law in the rescripts of Carus and his two sons, the Emperors who ruled from 282 to 284, immediately before the accession of Diocletian, and found as the main conclusion that, despite everything, the quality of legal decision had remained reasonably high. This paper considers the four rescripts that survive from the troubled reign of the preceding Emperor, Probus. None contains a great legal innovation; none shows a drastic lowering of legal standards. Their importance lies in what they reveal about general matters. Despite the enormous military and economic problems of the …
Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson
Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson
Scholarly Works
The problem I wish to discuss is the moral attitude of the later Republican jurists to slavery. The prominent jurists of the time belong to the upper classes and, although it would be wrong to generalize from the jurists to other members of the aristocracy, we shall have a certain glimpse into the social attitudes of the period if we can gain a reasonably clear picture from the jurists. I will deal only with juristic discussion, and not with the statutes and edicts which concern slavery. No doubt the jurists would play a part in shaping these, but public political …