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Articles 1 - 30 of 49
Full-Text Articles in Law
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
University of Cincinnati Law Review
One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.
We find Cheng’s emphasis on consensus compelling, and …
Changemakers: Rewards Of The Road Less Traveled: Dylan Collins, Roger Williams University School Of Law
Changemakers: Rewards Of The Road Less Traveled: Dylan Collins, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Vision Of Consensus, And Imam Ahmed's Investigation -تصور وجود الإجماع وتحقيق مذهب الإمام أحمد, Dr. Ahmed Bin Mohammaed Al Ankary
Vision Of Consensus, And Imam Ahmed's Investigation -تصور وجود الإجماع وتحقيق مذهب الإمام أحمد, Dr. Ahmed Bin Mohammaed Al Ankary
UAEU Law Journal
The subject of this research is the Ijmah (consensus) which is the third evidence from the unanimous evidence of legal rules. It explains if it's true that Imam Ahmed denies the occurrence of ljmah (consensus), as is understood by some from his statements. 1. In the first topic we defined that consensus, in linguistic terms, means agreement. Whilst in Islamic terms it is more correct to say that it is an agreement about a religious matter made by pious Muslim scholars in the time after the prophet 's (SAW) death until the present day. 2. In the second topic we …
Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson
Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson
Brigham Young University Prelaw Review
In 2012, Mason Edmo pleaded guilty to the sexual abuse of a fifteenyear-
old boy and was sentenced to ten years in prison. While in
prison, Edmo announced that she identified as a female and changed
her name to Adree. Edmo went on to request gender confirmation
surgery (also known as “sex reassignment surgery”) while still in
prison. Initially, Edmo was not granted the surgery by the Idaho
Department of Corrections, and went on to self-harm and attempt
self-castration twice. In 2017, Edmo filed suit against the Idaho State
Department of Corrections (IDOC) and won. The IDOC disagreed
with the …
Trends In Opinion Writing & Consensus: The Roberts Court, Marti Auburn Liechty
Trends In Opinion Writing & Consensus: The Roberts Court, Marti Auburn Liechty
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract provided.
Understanding "Balance" Requirements For Standards-Development Organizations, Jorge L. Contreras
Understanding "Balance" Requirements For Standards-Development Organizations, Jorge L. Contreras
Utah Law Faculty Scholarship
Most technical standards-development organizations (SDOs) have adopted internal policies embodying “due process” criteria such openness, balance of interest, consensus decision making and appeals. Yet these criteria lack a generally-accepted definition and the manner in which they are implemented varies among SDOs. Recently, there has been a renewed interest in the principle that SDOs should ensure a balance of interests among their stakeholders. This article explores the origins and meaning of the balance requirement for SDOs. In doing so, it identifies four “tiers” of balance requirements, ranging from those required of all SDOs under applicable antitrust law, to those required of …
A Vatcoin Solution To Mtic Fraud: Past Efforts, Present Technology, And The Eu’S 2017 Proposal, Richard Thompson Ainsworth, Musaad Alwohaibi, Mike Cheetham, Camille Tirand
A Vatcoin Solution To Mtic Fraud: Past Efforts, Present Technology, And The Eu’S 2017 Proposal, Richard Thompson Ainsworth, Musaad Alwohaibi, Mike Cheetham, Camille Tirand
Faculty Scholarship
On October 4, 2017, in an effort to recover some of the VAT lost annually, the European Commission proposed “far-reaching reforms.” The immediate target is a €50 billion slice of an estimated €150 billion overall annual loss. In its proposal the Commission is looking only at Missing Trader Intra-Community (MTIC) fraud in goods.
Goods (alone) are targeted.
If we have learned anything about MTIC fraud since January 1, 1993, it is that fraudsters engaged in this activity are exceptionally agile. MTIC frauds migrate and mutate on command. For example, MTIC fraud in cell phones quickly migrated to computer chips in …
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Michigan Law Review
It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …
Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore
Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore
All Faculty Publications
Chief Justice McLachlin’s juridical work has earned special praise, but what specifically distinguishes it among the work of other leading jurists has proven elusive for lawyers and social scientists to identify. My experience as a law clerk to McLachlin CJC suggested a distinct approach never comprehensively articulated, but intuitively well-known and widely-emulated among those in her sphere of influence. Drawing on the Chief Justice’s public lectures—where she often explained and offered deeper reflection on the McLachlin Court’s defining jurisprudence—I make the case in this article that at the heart of that approach is a quality best described as the pursuit …
A Vatcoin Proposal Following On The 2017 Eu Vat Proposals - Mtic, Vatcoin, And Blockchain, Richard Thompson Ainsworth, Musaad Alwohaibi, Michael Cheetham, Camille Tirand
A Vatcoin Proposal Following On The 2017 Eu Vat Proposals - Mtic, Vatcoin, And Blockchain, Richard Thompson Ainsworth, Musaad Alwohaibi, Michael Cheetham, Camille Tirand
Faculty Scholarship
The following proposal for an EU VATCoin was presented at the Digital Tax Transformations Conference, December 18 & 19, 2017 in Vienna, Austria at WU Global Tax Policy Center (WU GTPC) at the Institute for Austrian and International Tax Law of Vienna University of Business and Economics.
The EU Commission has proposed “far-reaching reforms” to solve some of the fraud in the EU VAT. It hopes to capture €50 billion lost annually to MTIC fraud in goods. It hopes to do this without addressing tradable services, a MTIC mutation which by all accounts is running strong.
Fortunately, the Commission is …
The Long Shadow Of Judicial Review, Mark Seidenfeld
The Long Shadow Of Judicial Review, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Keeping Up With New Legal Titles, Tina M. Brooks
Keeping Up With New Legal Titles, Tina M. Brooks
Tina M. Brooks
In this book review, Tina M. Brooks discusses The Puzzle of Unanimity: Consensus on the United States Supreme Court by Pamela C. Corley, Amy Steigerwalt, and Artemus Ward.
Nanotechnology, Environmental Risks, And Regulatory Options, Vincent R. Johnson
Nanotechnology, Environmental Risks, And Regulatory Options, Vincent R. Johnson
Faculty Articles
Nanotechnology today is viewed by many as a great advance in the quest for stronger and lighter materials, more effective pharmaceuticals, and better medicine. The critical question—largely unanswered—is whether this kind of science harbors destructive powers which, if fully understood, would call for restrictions or a ban on the use of certain types of nanotechnology. Current regulations in the United States and Europe cover chemicals that may be produced in nanoform. However, those regimes are not well designed to detect the risks posed by nanotechnology because they often fail to appreciate what is unique about nanomaterials. It is unlikely that …
An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman
An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman
Georgia Journal of International & Comparative Law
No abstract provided.
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
Kenneth B. Nunn
Culture affects criminal law in at least two key ways. First, culture and crime symbiotically define each other. Second, culture helps explain which courtroom narratives will be successful, and which will not. Culture influences who will be arrested, charged, convicted, and what sentence they will receive. Indeed, the invisible hand of culture drives the process of criminalization and helps to determine which acts we will sanction through criminal statutes.
Keeping Up With New Legal Titles, Tina M. Brooks
Keeping Up With New Legal Titles, Tina M. Brooks
Law Faculty Scholarly Articles
In this book review, Tina M. Brooks discusses The Puzzle of Unanimity: Consensus on the United States Supreme Court by Pamela C. Corley, Amy Steigerwalt, and Artemus Ward.
State Older-Driver Relicensing: Conflicts, Chaos, And The Search For Policy Consensus, Meridith J. Coley, Joseph F. Coughlin
State Older-Driver Relicensing: Conflicts, Chaos, And The Search For Policy Consensus, Meridith J. Coley, Joseph F. Coughlin
Marquette Elder's Advisor
No abstract provided.
Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster
Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster
Pepperdine Dispute Resolution Law Journal
This article explores the role that mediation can play in resolving the conflicts that are emerging in the climate change arena. Case studies describing mediation of disputes over air quality standards, timber harvesting, species protection, and ecosystems restoration, which resulted in consensus agreements among multiple, diverse stakeholder groups, demonstrate its applicability to the climate change arena. Mediation is not suited to every dispute or set of disputants. However, an analysis of the opportunities and constraints for addressing climate change disputes at the state, regional, and local levels suggests that mediated negotiations is well suited for resolving a number of the …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …
Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov
Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Treaty-Making Process: A Guide For Outsiders, Detlev F. Vagts
The Treaty-Making Process: A Guide For Outsiders, Detlev F. Vagts
ILSA Journal of International & Comparative Law
This article guides the reader step by step through the process by which treaties are created.
Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins
Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins
Faculty Scholarship
This essay is a response to Professor Kerry Abrams’s article The Hidden Dimension of Nineteenth-Century Immigration Law, published in Vanderbilt Law Review. The Hidden Dimension tells the story of Washington Territory’s entrepreneurial Asa Shinn Mercer, who endeavored to bring hundreds of young women from the East Coast to the tiny frontier town of Seattle as prospective brides for white men who had settled there. Abrams locates the story of the Mercer Girls, as they were called, in the history of American immigration law. My response locates The Hidden Dimension in American legal historiography, both that branch of American legal historiography …