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What We Should Know About The Reliability Of Empirical Legal Studies, Kathryn Zeiler

DePaul Law Review

The findings of replication studies conducted in the early 2010s

led many to declare that science was in the midst of a “replication

crisis.” Since then, a growing number of reforms have been

proposed and tested. The field of empirical legal studies seems

behind other fields such as psychology, economics, political science,

medicine, biology, and others that have taken significant steps

toward uncovering the general reliability of the field’s empirical

work, investigating the causes of observed unreliability, and

instituting and testing the effects of various reforms. The purpose of

this Article is to summarize what we know about the reliability …

Reconstructing Reasonableness With Social Science, Kevin Tobia

DePaul Law Review

The social science of legal decision making often emphasizes

judgment bias. That empirical project reflects the legacy of legal

realism and grows in the shadow of law and economics, both of

which embody skepticism about legal concepts. These theoretical

influences encourage empiricists to “deconstruct” legal concepts by

identifying illicit, improper, or pernicious influences on judgment.

For example, empiricists demonstrate hindsight bias in judgments

of reasonableness and recommend interventions to remove that

bias. Identifying legal biases, their sources and remedies are

critically important. But these are not the only social scientific

questions one could ask of legal concepts. This Essay poses …

Reflections On Danny Kahneman's Influence On Legal Scholarship, Jennifer K. Robbennolt

DePaul Law Review

No abstract provided.

The Open Science Movement And Its Implications For Expert Testimony, Robert J. Maccoun

DePaul Law Review

No abstract provided.

What The Law Can--And Cannot--Do About Bias In The Mind, Neil A. Lewis Jr.

DePaul Law Review

No abstract provided.

Procedural Justice In Trump's America, Rebecca Hollander-Blumoff

DePaul Law Review

No abstract provided.

Jury Consultants And Empirical Social Science: Framing A Modest Critique, Michael Heise, Nicole A. Heise

DePaul Law Review

Public and scholarly concerns about “integrity” issues relating

to empirical social science research, while already significant,

continue to grow. While problems with the status quo are relatively

obvious and easy to identify, less clear, however, is whether a fixed,

universal set of “norms” or “best practices” should be implemented

to address research integrity concerns or, in contrast, whether

important differences across empirical research genres, scholarly

fields, or research designs warrant different responses. Locating

jury consultants’ empirical work-product in the broader universe of

empirical social science genres provides necessary context, which

assists with the task of identifying which research integrity or …

Procedural Justice And Trial By Jury, Valerie P. Hans

DePaul Law Review

No abstract provided.

Probabilistic Injury And Presumptions Of Prejudicial Preferences, Erik J. Girvan

DePaul Law Review

No abstract provided.

Noneconomic Tort Damages And Biased Beliefs About Vulnerability To Harm, Roseanna Sommers, Nathan Cheek

DePaul Law Review

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a fiveyear- old from a high-SES family more severely than one from a low- SES family. This Essay examines …

Subjective Due Process As A Legal Standard: Using Lay Judgments As A Basis For Evaluating Emerging Remote And Impersonal Civil Procedures, Tom Tyler

DePaul Law Review

The forums through which the civil justice system operates are

rapidly changing toward the adoption of remote and impersonal

procedures. These changes are being driven by efforts to manage

large case loads through a system which has limited resources.

Authorities supporting these evolving forums suggest that they

respond to litigant concerns for rapid and inexpensive case

management procedures. A review of research suggests that, in

contrast to this perspective, people are actually very sensitive to

whether they believe they receive due process. Such due process

concerns have been identified through the literature of procedural

justice. They reflect four judgments about …

Strategic Surveillance Against Newsgathering, Courtney C. Douglas

Montana Law Review

No abstract provided.

Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association

Montana Law Review

No abstract provided.

Modern Economic Analysis And Antitrust Law: A Guide, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This book presents a modern economics approach to antitrust law. It expands upon and supplements traditional legal analysis of antitrust law and policy. It does so by analyzing antitrust legal standards and case law through the lenses of industrial organization economics and decision theory. The work is intended to be a comprehensive introductory guide for students, practitioners, and anyone else interested in learning the core of modern antitrust economics. Understanding the economics of antitrust and decision theory and applying that reasoning to specific cases and issues are critical steps for successfully studying and practicing antitrust law and policy. It treats …

Period-Proofing Your Data, Sofia Makepeace

Washington Journal of Law, Technology & Arts

Menstrual cycle tracking apps and their accompanying wearables, collectively known as FemTech, promise women health insights in a healthcare system that often fails to treat problems that primarily affect women. FemTech lets users map their cycles, recognize symptoms, experience non-hormonal birth control, and contribute to long-overdue research on conditions like endometriosis, PCOS, and perimenopause. But after Dobbs v. Jackson Women’s Health Organization, the same datasets that empower users have also become valuable in criminalizing abortion-related crimes. Because most FemTech privacy policies fall outside HIPAA, intimate logs of bleeding, sex, mood, and biometric signals can now be criminal evidence in …

Stacking The Deck: Ai, Jury Selection, And The New Batson Problem, Alexandria Serra

Washington Journal of Law, Technology & Arts

Generative artificial intelligence has infiltrated jury selection right under our noses. What began as a passive data mining experiment has evolved into AI-powered jury selection tools that profile potential jurors by scoring, ranking, and recommending which citizens to exclude from jury service. Although these tools promise objectivity, they risk encoding the same racial and gender biases that Batson v. Kentucky sought to eliminate. Courtroom AI is here to stay. But when lawyers delegate peremptory strikes to statistical models trained on biased data, Batson becomes obsolete. No court can detect algorithmic bias that lacks discernible intent. No judge can analyze whether …

Spin-Offs And Business Creation: Elements For Reflection, Rachid Belkahia

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper reflects on the recent revival of entrepreneurship and the renewed recognition of firms as engines of innovation and wealth creation. The author, R. Belkahia, highlights the particular attention given by public authorities to the creation and promotion of SMEs, which offer advantages such as greater responsiveness, adaptability, and job creation compared to large enterprises. Despite various incentive measures, particularly in financing, business creation remains a marginal phenomenon. The paper identifies psychological factors, administrative burdens, and banks' asset-based approaches as key deterrents. The author calls for a deeper understanding of these barriers to foster a more dynamic entrepreneurial ecosystem.

A Review Of Juvenile Solitary Confinement In The United States: Why Developmental Science Supports Banning Isolation Of Youth, Morgan R. Wagner, Krystia Reed, April Thomas

Northwestern Journal of Human Rights

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for …

Signal And Substance: Why Methodological Sophistication Fails To Guarantee Inference, Aamir Rashid, Rizwana Rasheed

Publications and Research

Despite increasing analytical sophistication, empirical research in organization studies continues to suffer from fragile inference, uneven theoretical accumulation, and contested credibility. This paper seeks to explain why these problems persist by shifting attention from authors’ methodological choices to the evaluative dynamics of peer review. Adopting a conceptual and theory-analytic approach, the paper theorizes peer review as an inferential gatekeeping system. Drawing on research design, theory evaluation, and philosophy-of-science literatures, this study develops an analytical framework to examine how evaluative routines shape what constitutes empirical rigor during the review process. The analysis identifies five recurring reviewer blind spots: inferential scope inflation, …

The Integration Of New Employees In An Uncertain And Complex Environment: A Renewed Approach To The Mentoring Process, Kaoutar Razzaq, Rhita Serir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

In today's VUCA (Volatility, Uncertainty, Complexity, and Ambiguity) organizational environment, characterized by uncertainty, complexity, and rapid transformation, traditional onboarding mechanisms are no longer sufficient to effectively and sustainably support the integration of new employees. This article examines mentoring as a strategic lever for organizational socialization, knowledge transfer, and competency development among new recruits. Particular attention is given to the role of senior mentors, whose experience and expertise facilitate newcomers' assimilation of organizational norms, practices, and expectations while preserving institutional knowledge. The study argues that the effectiveness of the mentoring process relies on the integration of two complementary dimensions: a formal …

Impact Of Celebrity Endorsement On The Behavior Of Banking Service Users, Salima Debbarh Mounir, Safaa Idmoussa

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the impact of advertising campaigns using celebrity endorsement strategies on the behavior of banking service users. The study is based on a qualitative investigation conducted among both customers and non-customers of the selected banking institution. The findings indicate that the presence of celebrities in advertising can effectively capture public attention and significantly enhance brand awareness and recognition. However, celebrity endorsement alone is insufficient to ensure customer loyalty. Service quality and user experience remain the primary determinants of trust and long-term relationships between banks and their customers.

Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan

Student Journal of Information Privacy Law

As recommendation algorithms and generative artificial intelligence become central to digital platforms, the Federal Trade Commission has, in the past, increasingly signaled its intent to regulate emerging technologies under Section 5 authority to prevent unfair or deceptive acts or practices. This paper examines how companies may face Federal Trade Commission scrutiny when algorithmic design, personalization systems, or public representations result in consumer harm. Drawing on case studies involving TikTok, Facebook, Snapchat, and others, the paper explores the limitations of plaintiff litigation under Section 230 of the Communications Decency Act and examines this potential avenue of expanding federal administrative enforcement. It …

Legal Deserts Over Time, Cory L. Dodds

Maine Law Review

Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …

Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt

Maine Law Review

When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …

The Institutional Production Of Ethical War Across Modern Conflict, Katerina Udov

Binghamton University Undergraduate Journal

This paper argues that modern warfare operates through an ethical infrastructure that enables, rather than restrains, the use of violence. Contrary to the common assumption that moral frameworks such as Just War Theory function as safeguards against harm, the historical record shows that ethical language, humanitarian rhetoric, and democratic narratives serve as mechanisms to legitimize intervention, manufacture consent, and naturalize civilian suffering. Through case studies including Vietnam, Iraq, Afghanistan, U.S.-backed coups in Latin America, and French intervention in Mali, the paper traces how political leaders, media institutions, and corporate actors frame war as a moral necessity while pursuing strategic and …

Regulating Manipulative Design Is Not Preempted By Cda 230 Or The First Amendment, Brett Frischmann, Peter Ormerod

Faculty Publications

For over two decades, there has been a heated debate among legal scholars, activists, judges, and others about the scope of Section 230 of the Communications Decency Act. A persistent theme in those debates has been hyperbolic claims about the necessity of immunity from state laws for digital tech platforms and fearmongering that anything less than maximum immunity will destroy the Internet.

This Article argues that states retain considerable discretion to regulate digital platforms’ design and engineering decisions. We argue that manipulation, engineered behavior, and even habituation and normalization of engineered behavior by digital platforms are content-agnostic harms attributable to …

Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

Jurisprudential Approach To The Concept Of Intent In Greek Law 3869/2010 (Personal Bankruptcy) With Comparative Perspectives, Andreas-Nikolaos Koukoulis

Journal of Civil Law Studies

Under Law 3869/2010 in Greece, fraud plays a central role in determining eligibility for debt relief. The law aims to protect individuals from banking practices that have led them to over-indebtedness, except for those who know they cannot or do not wish to repay their debts. Fraud is defined as a subjective element that must be proven by the creditor, highlighting behaviors such as willful avoidance of payments despite having the means to do so. The evaluation of the debtor's actions is examined for intent, particularly considering factors such as the debtor's lack of experience or understanding. Greek courts emphasize …

Family Court Proceedings In Baton Rouge, Charlotte Chapel

Journal of Civil Law Studies

Student Note

Women Managers And Employee Well-Being In Guinea: What Role Does The Iglo Model Play In Workplace Resources?, Zinsou Daniel Nakou, Fatoumata Ibrahima Camara, Ibrahima Bah, Serge Francis Simen Nana

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This research examines the impact of women managers on employee well-being through a mediation model introducing the IGLO framework of workplace resources at the individual, group, leadership and organizational levels. The study adopts a quantitative hypothetico-deductive approach using data collected from 100,000 observations between 2022 and 2024 and processed with SPSS. The results show that a higher proportion of women managers is associated with improved employee well-being, notably through reduced work stress, higher work engagement, greater job satisfaction and stronger workplace cohesion. More broadly, women managers can act as agents of change by improving workplace resources at several levels, including …