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Full-Text Articles in Law
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Duke Law Journal
No abstract provided.
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Duke Law Journal
No abstract provided.
Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes
Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes
Law and Contemporary Problems
Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.
Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown
Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown
Law and Contemporary Problems
The quality of scientific predictions of risk in the courtroom and policy arena rests in large measure on how the two differences between normal practice and the legal/policy practice of science are reconciled. This article considers a variety of issues that arise in reconciling these differences, and the problems that remain with scientific estimates of risk when these are used in decisions.
Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr
Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr
Law and Contemporary Problems
The logic of some other systems of thought, explanation, and prediction are discussed, in order to find what can be learned about the sociocultural contexts and their functions in other cultures. The truths they may represent are about the human quest to understand causes and effects.
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Duke Law Journal
No abstract provided.
The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark
The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark
Law and Contemporary Problems
This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.
Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond
Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond
Law and Contemporary Problems
As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.
Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress
Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress
Law and Contemporary Problems
This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Duke Law Journal
No abstract provided.
The New Deal Constitution In Exile, William E. Forbath
The New Deal Constitution In Exile, William E. Forbath
Duke Law Journal
No abstract provided.
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Law and Contemporary Problems
The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Law and Contemporary Problems
No abstract provided.
Policy-Driven Tort Analysis: Peeling The Onion From The Inside Out!, Quinn Murphy
Policy-Driven Tort Analysis: Peeling The Onion From The Inside Out!, Quinn Murphy
Saint Louis University Law Journal
No abstract provided.
The Very Uncertain Prospect Of Global Convergence In Corporate Governance, Douglas M. Branson
The Very Uncertain Prospect Of Global Convergence In Corporate Governance, Douglas M. Branson
Cornell International Law Journal
No abstract provided.
Faith-Based Charities And The Quest To Solve America’S Social Ills: A Legal And Policy Analysis, Lewis D. Solomon, Matthew J. Vlissides Jr.
Faith-Based Charities And The Quest To Solve America’S Social Ills: A Legal And Policy Analysis, Lewis D. Solomon, Matthew J. Vlissides Jr.
Cornell Journal of Law and Public Policy
No abstract provided.
Revisiting The Monster: New Myths And Realities Of Class Action And Other Large Scale Litigation, Deborah R. Hensler
Revisiting The Monster: New Myths And Realities Of Class Action And Other Large Scale Litigation, Deborah R. Hensler
Duke Journal of Comparative & International Law
No abstract provided.
Class Actions: The Canadian Experience, Garry D. Watson
Class Actions: The Canadian Experience, Garry D. Watson
Duke Journal of Comparative & International Law
No abstract provided.
Compensating Large Numbers Of People For Inflicted Harms, Jack B. Weinstein
Compensating Large Numbers Of People For Inflicted Harms, Jack B. Weinstein
Duke Journal of Comparative & International Law
No abstract provided.
Multi-Party Proceedings In England: Representative And Group Actions, Neil Andrews
Multi-Party Proceedings In England: Representative And Group Actions, Neil Andrews
Duke Journal of Comparative & International Law
No abstract provided.
Multi-Plaintiff Litigation In Australia: A Comparative Perspective, S. Stuart Clark, Christina Harris
Multi-Plaintiff Litigation In Australia: A Comparative Perspective, S. Stuart Clark, Christina Harris
Duke Journal of Comparative & International Law
No abstract provided.
Group Actions In Sweden: Reflections On The Purpose Of Civil Litigation, The Need For Reforms, And A Forthcoming Proposal, Roberth Nordh
Group Actions In Sweden: Reflections On The Purpose Of Civil Litigation, The Need For Reforms, And A Forthcoming Proposal, Roberth Nordh
Duke Journal of Comparative & International Law
No abstract provided.
The Dependence Of Cyberspace, Amy Lynne Bomse
The Implications Of Memetics For The Cultural Defense, Neal A. Gordon
The Implications Of Memetics For The Cultural Defense, Neal A. Gordon
Duke Law Journal
No abstract provided.
Back To The Future Due Process Analysis, John E. Nowak
Back To The Future Due Process Analysis, John E. Nowak
Saint Louis University Law Journal
No abstract provided.
Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins
Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins
Duke Law Journal
No abstract provided.
Corralling Constitutional Fact: De Novo Fact Review In The Federal Appellate Courts, Adam Hoffman
Corralling Constitutional Fact: De Novo Fact Review In The Federal Appellate Courts, Adam Hoffman
Duke Law Journal
No abstract provided.
Bankruptcy Law, An Economic Medicine: How Russia’S New Bankruptcy Legislation Facilitated Recovery From The Nationwide Financial Crisis Of August 17, 1998, Asya S. Alexandrovich
Bankruptcy Law, An Economic Medicine: How Russia’S New Bankruptcy Legislation Facilitated Recovery From The Nationwide Financial Crisis Of August 17, 1998, Asya S. Alexandrovich
Cornell International Law Journal
No abstract provided.
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Cornell International Law Journal
No abstract provided.
The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin
The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin
Law and Contemporary Problems
The attempt to create an international criminal court assumes that in all important ways the international legal order is similar to the municipal legal orders with which US citizens are familiar, but with regard to the criminal law, that assumption is simply not true. Rubin discusses two potential fundamental discrepancies between the international legal order and an hypothesized "typical" municipal legal order as would exist under the current statute for the International Criminal Court.