Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bail (1)
- Behavioral prediction (1)
- Bruce Kobayashi (1)
- Corrections (1)
- Cost-benefit analysis (1)
-
- Criminal procedure (1)
- Discovery retrenchment (1)
- Evidence (1)
- Jonah Gelbach (1)
- Legibility (1)
- Medical ethics (1)
- Neural measures (1)
- Neurosciences (1)
- Parole (1)
- Privacy (1)
- Private enforcement (1)
- Regulatory policy (1)
- Sean Farhang (1)
- Sentencing (1)
- The Law and Economics of Proportionality in Discovery (1)
Articles 1 - 2 of 2
Full-Text Articles in Evidence
Proportionality And The Social Benefits Of Discovery: Out Of Sight And Out Of Mind?, Stephen B. Burbank
Proportionality And The Social Benefits Of Discovery: Out Of Sight And Out Of Mind?, Stephen B. Burbank
All Faculty Scholarship
In this short essay, based on remarks delivered at the 2015 meeting of the AALS Section of Litigation, I use a recent paper by Gelbach and Kobayashi to highlight the risk that, in assessing the proportionality of proposed discovery under the 2015 amendments to Rule 26 of the Federal Rules of Civil Procedure, federal judges will privilege costs over benefits, and private over public interests. The risk arises from the temptation to focus on (1) the interests of those who are present to the detriment of the interests of those who are absent (“the availability heuristic”), and (2) variables that …
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
All Faculty Scholarship
Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.