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- Criminal law; criminal justice system; criminal legal system; Victim; Victim Rights; Victim’s Rights; pro se; constitution; confrontation clause; standby counsel (1)
- Empirical analysis; empirical legal studies; scientific evidence; reliability; legal scholarship; litigation; data fishing; false positives; type-I error; type-II error; statistics; statistical analysis; quantitative research; statistical significance; expert evidence; data manipulation; credibility; causal inference; Daubert; Rule 702; accuracy; selective reporting; research practices; hypothesis testing; data mining; p-hacking; p-value; HARking; data dredging; data analysis; hired gun; battle of the experts; big data; incorrect verdicts; data exploration; cross-validation; pilot studies; regression; subgrouping; trial evidence; juries; jurors; judges; courts; professors; experimental study; study design; randomized controlled trial; RCT; statistical research; observational study; Federal Rules of Evidence; false convictions; decision-making; verdict error; evidence law; civil procedure; expert testimony (1)
- Erie; affidavit of merit; choice of law; FRCP 11; malpractice (1)
- Trade Secret; Trade Secret Law; Formalities; Formality; Litigation; Reasonable Measures; Uniformity; Predictability; Congress; UTSA; DTSA; Russia; Copyright; Copyright Law; Federal; Secrecy; Misappropriation; Business; Protection; Confidential; Regime; Model (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Rules Of The Malpractice Game: Affidavit Of Merit Statutes, Erie, And The Cautionary Tale Of An Overbroad Application Of Rule 11, Deanna Arpi Youssoufian
The Rules Of The Malpractice Game: Affidavit Of Merit Statutes, Erie, And The Cautionary Tale Of An Overbroad Application Of Rule 11, Deanna Arpi Youssoufian
Brooklyn Law Review
In an effort to combat the rise in potentially frivolous lawsuits against professionals, including physicians, attorneys, and journalists, states have passed malpractice legislation requiring plaintiffs to file an affidavit of merit (AOM) attesting to the validity of their claims. However, these AOM statutes may conflict with Federal Rule of Civil Procedure 11, which provides that “a pleading need not be verified or accompanied by an affidavit” unless a rule or statute states otherwise. This is a classic Erie/choice-of-law problem for federal courts sitting in diversity, which are tasked with applying federal procedural law and state substantive law, and now must …
Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning
Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning
Brooklyn Law Review
Defendants have constitutional rights to cross-examine witnesses and to represent themselves. But when these rights are combined, they can have devastating effects on crime victims. All too often, defendants use the rights in a last-ditch effort to harass, bully, and intimidate the crime’s victims, sometimes leading to a dismissal of charges altogether, as victims withdraw their testimony to avoid personal cross-examination by the defendant. It does not have to be this way. Numerous courts have allowed standby counsel to conduct cross-examination of the victim within constitutional constraints. This article explores the limitations courts have imposed on pro se cross-examination to …
Credibility In Empirical Legal Analysis, Hillel J. Bavli
Credibility In Empirical Legal Analysis, Hillel J. Bavli
Brooklyn Law Review
Empirical analysis is central in both legal scholarship and litigation, but it is not credible. Researchers can manipulate data to arrive at any conclusion they wish to obtain. A practice known as data fishing—searching for and selectively reporting methods and results that are favorable to the researcher—entirely invalidates a study’s results by giving rise to false positives and false impressions. Nevertheless, it is prevalent in law, leading to false claims, incorrect verdicts, and destructive policy. In this article, I examine the harm that data fishing in empirical legal research causes. I then build on methods in the sciences to develop …
Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner
Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner
Brooklyn Law Review
The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …