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Full-Text Articles in Law

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Jul 2010

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Law and Contemporary Problems

Colb surfaces the "statistical versus concrete harms" disparity in judicial (and more broadly, human) reactions to probability-based behavior. In particular, it identifies the disparity in case law that either explicitly relies on the distinction as a normatively proper ground for legal decisions or that operates in a manner best explained by resort to this distinction. Though the paper is primarily descriptive, it suggests, tentatively, that lawmakers, judges, and juries should exercise greater care and deliberation in applying what may seem like a "natural" approach to distinguishing between permissible and impermissible harm. It is thus a plea for "conscious" consideration of …


Race, Crime, And Institutional Design, Erik Luna Jul 2003

Race, Crime, And Institutional Design, Erik Luna

Law and Contemporary Problems

Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory.


The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris Jul 2003

The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris

Law and Contemporary Problems

Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.


Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes Oct 2001

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.


On Not Making Law, Mitu Gulati, C. M. A. Mccauliff Jul 1998

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff

Law and Contemporary Problems

Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.


Statistics In Litigation: A Selective Bibliography, Michael Chiorazzi Oct 1983

Statistics In Litigation: A Selective Bibliography, Michael Chiorazzi

Law and Contemporary Problems

No abstract provided.


The Numbers Game: Estimates Of Illegal Aliens In The United States, 1970–1981, Arthur F. Corwin Apr 1982

The Numbers Game: Estimates Of Illegal Aliens In The United States, 1970–1981, Arthur F. Corwin

Law and Contemporary Problems

No abstract provided.