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Will Quants Rule The (Legal) World?, Edward K. Cheng 2017 Brooklyn Law School

Will Quants Rule The (Legal) World?, Edward K. Cheng

Edward Cheng

The quants are coming! And they are here to stay-so argues Professor Ian Ayres' in his new book, Super Crunchers, which details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. To be sure ...


Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2017 Selected Works

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Tracey George

No abstract provided.


Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati 2017 Duke Law School

Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati

Tracey George

Nuno Garoupa and Tom Ginsburg have published an ambitious book that seeks to account for the great diversity of judicial systems based, in part, on how courts are designed to marshal the power of a high public opinion of the judiciary. Judges, the book posits, care deeply about their reputations both inside and outside the courts. Courts are designed to capitalize on judges’ desire to maximize their reputation, and judges’ existing stock of reputation can affect the design of the courts which they serve. We find much to like in this book, ranging from its intriguing and ambitious positive claims ...


Religious Symbols And The Law, Hon. Diarmuid F. O'Scannlain 2017 St. John's University School of Law

Religious Symbols And The Law, Hon. Diarmuid F. O'Scannlain

Journal of Catholic Legal Studies

No abstract provided.


Criminal: Journalistic Rigour, Gothic Tales And Philosophical Heft, Jason Loviglio 2017 University of Maryland, Baltimore County

Criminal: Journalistic Rigour, Gothic Tales And Philosophical Heft, Jason Loviglio

RadioDoc Review

Like many of the shows in PRX’s Radiotopia catalogue of podcasts, Criminal’s sensibility and sound partake of the US public radio formula made famous by This American Life: journalistic rigour and gothic yarns. The show tells “stories of people who’ve done wrong, been wronged, or got caught somewhere in the middle”. But it’s moved beyond mere crime journalism to something that aspires to a bit more philosophical heft. Most of the stories unspool through the elegant co-narration between host Phoebe Judge and each episode’s central protagonist. The effect is almost always seamless, thanks to the ...


Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld 2017 Berkeley Law

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Daniel L. Rubinfeld

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.


Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi 2017 St. John's University School of Law

Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi

Journal of Catholic Legal Studies

No abstract provided.


Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig 2017 The Graduate Center, City University of New York

Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants ...


Reed V. Town Of Gilbert: Relax, Everybody, Enrique Armijo 2017 Elon University School of Law

Reed V. Town Of Gilbert: Relax, Everybody, Enrique Armijo

Boston College Law Review

In Reed v. Town of Gilbert, the U.S. Supreme Court held that a law is content-based if it draws distinctions on its face based on the message an affected speaker conveys. Reed rejected previous lower court interpretations of the Court’s content discrimination doctrine, which had consistently held that a content-based law was not subject to strict scrutiny if its reference to content was not based on government disapproval of that content. Reed has set off a firestorm. The justices who concurred in the judgment warned that the case’s rule would cast doubt on a range of government ...


Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe 2017 University of New Hampshire School of Law

Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe

Legal Scholarship

[Excerpt] "When a court exercises judicial review, it tells Congress, the executive branch or a state to refrain from action that is under way or to take some action that is not being taken. Either way, a democratically accountable institution is told that it cannot do what the people (presumably) want it to do, or that it must do what the people (presumably) do not want it to do."


The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel 2017 University of New Mexico School of Law

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Barbara L Creel

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it ...


Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell 2017 University of Georgia School of Law

Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell

Georgia Journal of International & Comparative Law

No abstract provided.


Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins 2017 University of Georgia School of Law

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


The Supreme Court's Limited Public Forum, Sonja R. West 2017 University of Georgia School of Law

The Supreme Court's Limited Public Forum, Sonja R. West

Washington and Lee Law Review Online

When discussing the issue of transparency at the United States Supreme Court, most commentators focus on the line between public and private. Yet, transparency is not always such a black-or-white issue. There are, in fact, a surprising number of significant Court moments that occur neither wholly in public nor completely in private. Through policies that obstruct access by the general public and exploit real-world limitations on the press and practitioners, the justices have crafted a grey area in which they can be “public,” yet only to select audiences. The effect is that few outside the courtroom ever learn about these ...


Algorithms, Expression And The Charter: A Way Forward For Canadian Courts, Veenu Goswami 2017 University of Toronto, Faculty of Law

Algorithms, Expression And The Charter: A Way Forward For Canadian Courts, Veenu Goswami

Western Journal of Legal Studies

As a result of rapid advances in technology and computer programming, algorithms are increasingly able to generate expressive material. In light of these advances, it is inevitable that courts will be asked to determine whether this algorithmically generated content is protected expression under section 2(b) of the Canadian Charter of Rights and Freedoms. Although algorithmically generated content can serve many of the same constitutionally-protected purposes as human expression, this paper explains why the Supreme Court of Canada’s current framework is inadequate for use in the context of algorithmically generated content. This paper offers a proactive and principled solution ...


Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai 2017 Osgoode Hall Law School of York University

Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai

Articles & Book Chapters

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both ...


The President's Role In Advancing Criminal Justice Reform, Barack Obama 2017 President of the United States

The President's Role In Advancing Criminal Justice Reform, Barack Obama

U.S. Department of Justice Publications and Materials

Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and the ...


The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr. 2017 University of Pennsylvania Law School

The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.

Faculty Scholarship

In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.

I start with corporate law ...


Confirming Judge Restrepo To The Third Circuit, Carl W. Tobias 2017 University of Richmond

Confirming Judge Restrepo To The Third Circuit, Carl W. Tobias

Law Faculty Publications

From the moment that the Grand Old Party (GOP) won the Senate in November 2014, Republicans have directly and incessantly vowed to establish “regular order” in the upper chamber again. Lawmakers employed this phrase to depict the purported restoration of strictures that prevailed until Democrats subverted them. In January 2015, when the 114th Congress began, Senator Mitch McConnell (R-Ky.), the Majority Leader, proclaimed, “[w]e need to return to regular order,” while the legislator has dutifully recited that mantra ever since. Senator Charles Grassley (R-Iowa), the head of the Senate Judiciary Committee, espoused analogous concepts. Illustrative was his January 2015 ...


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