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Articles 1 - 24 of 24
Full-Text Articles in Law
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Articles
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …
Vermin Of Proof: Arguments For The Admissibility Of Animal Model Studies As Proof Of Causation In Toxic Tort Litigation, Kristen Ranges, Jessica Owley
Vermin Of Proof: Arguments For The Admissibility Of Animal Model Studies As Proof Of Causation In Toxic Tort Litigation, Kristen Ranges, Jessica Owley
Articles
Toxic torts is a body of law that aims to compensate individuals for harms they suffer from exposure to hazardous substances. To successfully bring a toxic tort claim, a plaintiff must prove the main elements of a general tort cause of action: duty, breach, causation, and damages. Causation in a toxic tort case is particularly challenging to prove given the nature of toxic substances. To prove the toxicant in question caused the damages alleged, plaintiffs often present expert testimony based on scientific studies. Animal model studies, in particular, can help factfinders understand the health implications of the toxicants at issue. …
La Justicia, La Verdad Y La Prueba: No Tan Simple, Después De Todo, Susan Haack
La Justicia, La Verdad Y La Prueba: No Tan Simple, Después De Todo, Susan Haack
Books and Book Chapters
Este libro es una compilación de los trabajos que se presentaron en el Congreso Homenaje a Michele Taruffo los días 23 y 24 de enero de 2015 en Girona, organizado por la Cátedra de Cultura Jurídica de la Universidad de Girona. Los artículos están organizados en tres apartados que describen las principales líneas temáticas de nuestro homenajeado: derecho comparado, precedentes y prueba. El lector encontrará en cada uno de los trabajos un análisis crítico de las principales ideas sostenidas por Michele Taruffo en sus obras y también la respuesta de este a las distintas observaciones presentadas a debate.
Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack
Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack
Articles
No abstract provided.
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Articles
No abstract provided.
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Articles
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
Articles
Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
Articles
In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Articles
How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …
Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano
Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano
Articles
Today, legal controversies are tried in the court of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to isolate legal activities from public relations activities. Accordingly, when providing legal advice, they have viewed media considerations as separate. Historically corporate counsels' typical media strategy often consisted of no more than, "no comment." Given today's saturated media culture, this is no longer a viable strategy. Indeed, it appears that some corporate lawyers are adapting to the new media environment and attempting to help their clients manage the public relations impact of …
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca
Articles
No abstract provided.
Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack
Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack
Articles
No abstract provided.
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Articles
No abstract provided.
What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack
What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack
Articles
No abstract provided.
Of Truth, In Science And In Law, Susan Haack
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Articles
No abstract provided.
Peer Review And Publication: Lessons For Lawyers, Susan Haack
Peer Review And Publication: Lessons For Lawyers, Susan Haack
Articles
No abstract provided.
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Articles
No abstract provided.
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Articles
No abstract provided.
Trials And Tribulations: Science In The Law, Susan Haack
Trials And Tribulations: Science In The Law, Susan Haack
Articles
No abstract provided.
The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby
The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby
Articles
No abstract provided.
Inquiry And Advocacy, Fallibilism And Finality: Culture And Inference In Science And The Law, Susan Haack
Inquiry And Advocacy, Fallibilism And Finality: Culture And Inference In Science And The Law, Susan Haack
Articles
No abstract provided.
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
Articles
No abstract provided.
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Articles
No abstract provided.