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Articles 1 - 8 of 8
Full-Text Articles in Law
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Book Chapters
Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …
A-Hohfeld: A Language For Robust Structural Representation Of Knowledge In The Legal Domain To Build Interpretation-Assistance Expert Systems, Layman E. Allen, Charles S. Saxon
A-Hohfeld: A Language For Robust Structural Representation Of Knowledge In The Legal Domain To Build Interpretation-Assistance Expert Systems, Layman E. Allen, Charles S. Saxon
Book Chapters
The A-Hohfeld language is presented as a set of definitions; it can be used to precisely express legal norms. The usefulness of the AHohfeld language is illustrated in articulating 2560 alternative structural interpretations of the four-sentence 1982 Library Regulations of Imperial College and constructing an interpretation-assistance legal expert system for these regulations by means of the general-purpose Interpretation-Assistance legal expert system builder called MINT. The logical basis for A-Hohfeld is included as an appendix.
Why Do Jury Research?, Richard O. Lempert
Why Do Jury Research?, Richard O. Lempert
Book Chapters
Inside the Juror presents the most interesting and sophisticated work to date on juror decision making from several traditions - social psychology, behavioural decision theory, cognitive psychology, and behavioural modeling. The authors grapple with crucial questions, such as: why do jurors who hear the same evidence and arguments in the courtroom enter the jury room with disagreements about the proper verdict? how do biases and prejudices affect jurors' decisions? and just how 'rational' is the typical juror? As an introduction to the scientific study of juror decision making in criminal trials, Inside the Juror provides a comprehensive and understandable summary …
Democratic Discussion, Don Herzog, Donald R. Kinder
Democratic Discussion, Don Herzog, Donald R. Kinder
Book Chapters
"Democracy," remarked H. L. Mencken, "is the theory that the common people know what they want, and deserve to get it good and hard." Mencken found American politics a droll spectacle and showered contempt on the dullards he named "the booboisie." Plenty of other intelligent and perceptive observers have concluded that ordinary citizens are flatly incapable of shouldering the burdens of democracy. Uninformed and uninterested, absorbed in the pressing business of private life, unable to trace out the consequences of political action, citizens possess neither the skills nor the resources required for what Walter Bagehot pithily named "government by discussion." …
Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert
Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert
Book Chapters
Twelve years ago, as the first Reagan administration was coming into office, it appeared that the civil jury, at least in complex cases, might be on the way out. The hostility of Chief Justice Warren Burger toward the civil jury was no secret and the circuit courts were split on the question of whether the Seventh Amendment guarantee of trial allowed an exception for complex cases. The issue was ripe for Supreme Court resolution. Moreover, a body of then-recent scholarship provided the Court with some historical justification for reading a complexity exception into the Seventh Amendment as well as with …
Interest, Principle, And Beyond: American Understandings Of Conflict, Don Herzog
Interest, Principle, And Beyond: American Understandings Of Conflict, Don Herzog
Book Chapters
To understand U.S. foreign policy, we need to understand the concepts and categories that Americans bring to bear. After all, we see the world through our concepts and categories. They identify what's possible, what's desirable, indeed what's visible in the first place. There is simply no possibility of junking all our concepts, stepping outside them, and gaining an unmediated grasp of the world. Here, I offer a sketch of American understandings of conflict. Understandings, not understanding: even in the realm of foreign policy, Americans have long brought intriguingly different categories to bear, categories whose richness isn't captured by some standard …
Child Protection Law, Suellyn Scarnecchia
Child Protection Law, Suellyn Scarnecchia
Book Chapters
The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).
State Interest Analysis And The Channeling Function, Carl E. Scheider
State Interest Analysis And The Channeling Function, Carl E. Scheider
Book Chapters
In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.