Digital Commons Network^™

A Companion Guide To The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler

Coase-Sandor Institute for Law & Economics Research Paper Series

This short Essay, written by the Reporters of the recently published Restatement of Consumer Contracts, is intended as a companion to the Restatement. It highlights three areas, where the Reporters’ ambition was only partially reflected in the final version of the Restatement. The first was to ground the restated rules and principles in a systematic, empirical analysis of the entire body of consumer contracts cases. The second goal was to avoid an emphasis on disclosure mandates that have been shown to be unhelpful and even counter-productive. The third goal was to infuse the Restatement with social science realism, especially in …

Judge Ai: Assessing Large Language Models In Judicial Decision-Making, Eric A. Posner, Shivam Saran

Coase-Sandor Institute for Law & Economics Research Paper Series

Can large language models (LLMs) replace human judges? By replicating a prior 2 x 2 factorial experiment conducted on 31 U.S. federal judges, we evaluate the legal reasoning of OpenAI’s GPT-4o. The experiment involves a simulated appeal in an international war crimes case, with two altered variables: the degree to which the defendant is sympathetically portrayed and the consistency of the lower court’s decision with precedent. We find that GPT-4o is strongly affected by precedent but not by sympathy, similar to students who were subjects in the same experiment but the opposite of the professional judges, who were influenced by …

Stubhub For Courts? Technology, Markets, And New Solutions To Court Congestion, Ronen Avraham, William H. J. Hubbard

Coase-Sandor Institute for Law & Economics Research Paper Series

Rescheduling of court hearings is ubiquitous but virtually ignored by academic scholarship. This is so, despite its contributions to court congestion, a perennial problem for courts that has been the subject of repeated, and repeatedly unsuccessful, efforts at reform. In this Article, we aim to show that rescheduling merits scholarly attention, and by diagnosing why and how it contributes to court congestion and delay, we both explain why most efforts at reducing delay fail and identify new possibilities for speeding up dockets. We draw inspiration from online platforms such as StubHub and SpareFare, technologies that have facilitated rescheduling through easy-to-use …

The Anatomy Of Marital Happiness, Sam Peltzman

Coase-Sandor Institute for Law & Economics Research Paper Series

Since 1972, the General Social Survey has periodically asked whether people are happy with Yes, Maybe or No type answers. Here I use a net “happiness” measure, which is percentage Yes less percentage No with Maybe treated as zero. Average happiness is around +20 on this scale for all respondents from 1972 to the last prepandemic survey (2018). However, there is a wide gap of around 30 points between married and unmarried respondents. This “marital premium” is this paper’s subject. I describe how this premium varies across and within population groups. These include standard socio demographics (age, sex, race education, …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jens Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Coase-Sandor Institute for Law & Economics Research Paper Series

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for— lawyers and other human experts. Several studies have examined LLMs’ performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs’ competence at one of law professors’ chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come …

Safety Score Liability, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used by tort law to apportion liability for accidents? Instead of basing tort liability on negligence—on the level of care leading to the specific accident—“safety score liability” would impose liability commensurate with a party’s habitual propensity to behave unsafely. This article describes how safety score liability would work, the incentives it would create, and the principles limiting its adoption. The article suggests that the precision of AI tools generating such scores—scores that have already reshaped other channels of safety regulation in society— offers …

The Complex And Marginalized Experiences Of Bipoc Trafficked Women: An Examination Of Disabilities, Aces, Discrimination, And Racism, Jacquelyn C. A. Meshelemiah, Fabian Arroyo Rojas, Hannah Ruth Steinke, Marlene Carson, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

The purpose of this study was to examine the lived experiences and multiple identities of disabled BIPOC trafficked women. The findings from this study help to identify a carousel of victimization experienced by disabled BIPOC trafficked women, starting with adverse childhood experiences, onto trafficking victimization that differed between Black and White women, and later while seeking services. These findings highlight the need for providers and researchers to think beyond monolithic identities and consider the intersecting ways in which various forms of oppression (ableism and racism) influence the experiences of disabled trafficked BIPOC women.

Green Regionalism In World Trade Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Multifaceted geopolitical conflicts have led to disruptions in the trade regime and multilateral negotiations. As a paradigm shift, green regionalism has emerged as a new normative process for regional economic frameworks to integrate and operationalize environmental sustainability. The article offers the first interdisciplinary analysis of green regionalism in world trade law. It argues that green regionalism, which has evolved amid various waves of global regionalism, constructs the normative foundation for 'Trade and Sustainability 2.0'. The article employs the concept of recognition in international relations to unveil the motivations and actions of major states in catalyzing green regionalism. Legal and political …

'Decide One More Time': Prostitution And Sexual Intelligence In The Early Writings Of Andrea Dworkin, Janine Benedet

All Faculty Publications

Andrea Dworkin’s first book, Woman Hating, was published in 1974, and written while Dworkin was in her 20s. It is experimental, literary, and ultimately hopeful. Right Wing Women, which had its start as a Ms. Magazine article in 1977, was expanded into a book in 1983. The most difficult of Dworkin’s works to find today, it was also her least favourite, owing to the academic conventions demanded by the publisher. It is dense, political and unflinching in its criticism. Despite their differences, these two books demonstrate the evolution of Dworkin’s thinking as she grapples with a central feminist …

What Can One Learn From Chinese Tax Administration? A Precis Of The Administrative Foundations Of The Chinese Fiscal State (Cambridge University Press, 2022), Wei Cui

All Faculty Publications

The Administrative Foundations of the Chinese Fiscal State (Cambridge University Press 2022) explores how China developed a tax system to support its economic transformation. Among scholars who study taxation and economic growth, a familiar idea is that it is generally very difficult for poor countries to develop the state apparatus needed to raise revenue. The lack of revenue, in turn, prevents governments from providing critical public goods and services needed to spur economic growth. State capacity in taxation, therefore, is a major determinant of which countries become prosperous and which do not. An obvious question, then, is whether the evolution …

"17 Going On 23": Sentencing Young People To Life In Canada, Debra Parkes

All Faculty Publications

This paper analyzes reported Canadian cases from 2008 to 2022 in which young people were sentenced for murder. It shows that, at least in these reported decisions, sentencing young people as adults for murder is not rare. The Crown routinely seeks life sentences for young people and the court orders them in the vast majority of cases in which they are sought. Life sentences for young people have become normalized and expected in murder cases, rather than exceptional. This paper delves into the case law to get a better picture of why and how this is happening.

Old Habits Die Hard: Precedent, Psychology, And The Admissibility Of Forensic Evidence, Sara Gordon

All Faculty Publications

Forensic evidence, long considered a cornerstone of criminal justice, has faced increasing scrutiny as recent studies and reports expose significant flaws in its scientific foundation. Techniques such as latent fingerprint analysis, microscopic hair comparison, and ballistics matching, which had been widely accepted for decades, are now being challenged for their lack of empirical validation. Reports by the National Research Council and the President’s Council of Advisors on Science and Technology have highlighted the deficiencies in these forensic methods, calling into question their reliability and the weight they are given in courtrooms. Yet despite the growing acknowledgement of widespread issues affecting …

Remedies For Decades Of Hbcu Underfunding: Can Coalition V. Maryland Serve As A Model, Or Is Government “Persuasion” Needed?, John K. Pierre, Gail S. Stephenson

UC Law Journal of Race and Economic Justice

No abstract provided.

With Dignity For All: Human Dignity Reforms As “Win-Win” In Correctional Settings, Arthur L. Rizer

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

State Restrictions On Gender-Affirming Care: Implications For Transgender And Gender Nonconforming Children's Welfare, Yasmin Hubert

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Stopping The Slippery Slope: What Happy The Elephant Can Gain From Estrellita The Monkey, Mason Liddell

University of San Francisco Law Review

No abstract provided.

Towards The Abolition Of The Immigration Detention Of Children In The United States, Lauren Bartlett

University of San Francisco Law Review

No abstract provided.

Daca Beyond Boundaries: Employment-Based Strategies, Jaclyn Kelley-Widmer

University of San Francisco Law Review

No abstract provided.

The Intersection Of Dementia And Criminal Behavior, J. Taylor Humphrey

Marquette Law Review

As the number of individuals affected by dementia increases, the criminal justice system continues to face questions about dementia and criminal responsibility. However, gaps in the legal process have left these individuals, incapable of forming intent, vulnerable to wrongful punishment. Courts rely on traditional culpability frameworks that fail to account for the nuance in dementia-related cognitive decline, and, as a result, prisons are forced to function as de facto nursing homes lacking adequate resources to provide proper care. This Comment proposes treating dementia as a sliding scale, arguing for a context-specific response through streamlined crisis response, use of diversion programs, …

Betting On The Future: Regulating Microtransactions In Video Games And Proposing Comprehensive Consumer Protections, Andrew Shenberg

NYLS Law Review

No abstract provided.

Cyber Sexual Misconduct: The Evolution Of Sexual Privacy Laws And Best Practices For Representing Victims, Jolie Bodner Zangari, Lindsay Lieberman

Scholarly Works

No abstract provided.

Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards

Touro Law Review

Correctional facilities across the country are consistently failing to provide adequate special education to disabled children who are placed in solitary confinement due to inadequate funding, untrained staff, and lack of consensus on how to implement a program. This Note compares the special education services that disabled children are entitled to under the Free Appropriate Public Education (“FAPE”) statute with the education they receive during incarceration. This Note also discusses suggestions for implementing meaningful special education when a child is isolated. When disabled children are placed in solitary confinement and deprived of education tailored to their specific needs and abilities, …

Dignity, Equality, And The Duty Of Assistance, Itamar Rosensweig, Shua Mermelstein

Touro Law Review

Jewish law obligates each person to assist and respect his fellow. This includes a wide-range of interpersonal obligations, such as the duty to support the less advantaged, the duty to rescue from danger, and the duty to “love your fellow” and promote his success. In this article, we argue that these interpersonal obligations are rooted in Judaism’s conception of the person as endowed with dignity. This dignity is grounded in the notion of tzelem Elokim, in the metaphysical conception of man created in the divine image (Imago Dei). We argue that this metaphysical basis for human dignity imposes duties upon …

Front Matter

Michigan Law Review

Front Matter for Volume 123, Issue 4 of Michigan Law Review

Front Matter For Volume 123, Issue 5 Of Michigan Law Review, University Of Michigan Law School

Michigan Law Review

No abstract provided.

Front Matter

Michigan Law Review

Front Matter for Volume 123, Issue 6 of Michigan Law Review

The Systematic Devaluation Of Legal Scholarship In Criminology And Criminal Justice, Henry F. Fradella

Touro Law Review

Certain bibliometrics have become important indicators of scholarly impact despite their many weaknesses. This Article presents data demonstrating the shortcomings of using citation counts and journal impact factors for law-based scholarship. Moreover, the Article argues that reliance on these flawed metrics is just one example of how scholars in criminology and criminal justice (“CCJ”) systematically devalue legal scholarship.

The Article begins by offering quotations from social scientists that provide insights into the negative ways they view legal scholars and their work. It also quotes from interviews conducted with CCJ scholars who hold a law degree and either earned or are …

Evaluating Competitive Equality: The Department Of Education’S Regulations And Impact On Title Ix In Women’S Sports, Lola-Marie Pyros

Touro Law Review

Title IX was enacted to guarantee women equal opportunities in athletics by preserving competitive fairness. That objective has been challenged by evolving policies on transgender participation in women’s sports. Proponents of inclusion frame the issue as a matter of civil rights, while opponents emphasize physiological differences between the sexes that remain even after medical transition. Shifting interpretations by the Department of Education, influenced by changes in presidential administrations, have created legal uncertainty, culminating in Tennessee v. Cardona, which rejected an expansive definition of “sex” to include gender identity. This Note argues that maintaining the integrity of women’s athletics requires recognition …

Celebrity Trademark Overload: The Rising Issue Of Excessive Registrations And Reverse Confusion, Lola-Marie Pyros

Touro Law Review

Celebrities use trademark law not only to protect their brands, but also to stake claims on a vast range of potential marks through intent to use (“ITU”) applications—often before any real commercial plan exists. This practice allows celebrities to reserve rights ranging from viral catchphrases to their children’s names which crowds the trademark register, delays legitimate filings by smaller businesses, and forces challengers into costly legal battles. A separate but equally troubling issue arises when a celebrity’s brand overshadows a preexisting weaker mark. In “reverse confusion” cases, courts often focus on whether the celebrity acted willfully, ignoring the fact that …

Internal Or External: An Exploration Of The United States Police Chief Hiring Process, Kayleigh Walker

Williams Honors College, Honors Research Projects

This paper explores the hiring processes of police chiefs across the United States, focusing on internal versus external hiring practices. The goal of this research was to identify common trends, legislative barriers, and the impact of leadership on the hiring process through historical context, legal analysis, and case studies. The findings suggest that internal hires dominate chief appointments, though external hires are often sought during crises. The paper concludes with recommendations for future research and highlights the need to more fully understand this phenomenon. Understanding the processes and limitations surrounding the appointment of new leadership is critical to reform and …