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Full-Text Articles in Law
The Ali's Response To The Center For Tobacco Control Research & Education, Rebecca Cooper Ramo, Lance Liebman
The Ali's Response To The Center For Tobacco Control Research & Education, Rebecca Cooper Ramo, Lance Liebman
Faculty Scholarship
We write in response to the recent Iowa Law Review article about tobacco industry input on several of the American Law Institute's Restatement of Torts. The article errs in its assumption that finding correct legal rules is the same as assessing the results of medical research. It does not recognize that ALI's process for considering improvements in law must be open to input from all sides of the relevant issues. The process which produces Restatements would not be credible or of practical use without participation by lawyers who represent clients on all sides.
The Evidence Of Things Not Seen: Non-Matches As Evidence Of Innocence, James S. Liebman, Shawn Blackburn, David Mattern, Jonathan Waisnor
The Evidence Of Things Not Seen: Non-Matches As Evidence Of Innocence, James S. Liebman, Shawn Blackburn, David Mattern, Jonathan Waisnor
Faculty Scholarship
Exonerations famously reveal that eyewitness identifications, confessions, and other “direct” evidence can be false, though police and jurors greatly value them. Exonerations also reveal that “circumstantial” non-matches between culprit and defendant can be telling evidence of innocence (e.g., an aspect of an eyewitness’s description of the perpetrator that does not match the suspect she identifies in a lineup, or a loose button found at the crime scene that does not match the suspect’s clothes). Although non-matching clues often are easily explained away, making them seem uninteresting, they frequently turn out to match the real culprit when exonerations reveal that the …
Fee Effects, Kathryn Judge
Fee Effects, Kathryn Judge
Faculty Scholarship
Intermediaries are a pervasive feature of modern economies. This article draws attention to an under-theorized cost arising from the use of specialized intermediaries – a systematic shift in the mix of transactions consummated. The interests of intermediaries are imperfectly aligned with the parties to a transaction. Intermediaries seek to maximize their fees, a transaction cost from the perspective of the parties. Numerous factors, including the requirement that a transaction create value in excess of the associated fees to proceed and an intermediary’s interest in maintaining a good reputation, constrain an intermediary’s tendency to use its influence in a self-serving manner. …