Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (44)
- Judges (34)
- Criminal Law (27)
- Social and Behavioral Sciences (27)
- Labor and Employment Law (18)
-
- Public Affairs, Public Policy and Public Administration (17)
- Business (15)
- Public Policy (15)
- Evidence (13)
- Labor Relations (13)
- Law Enforcement and Corrections (13)
- Law and Society (11)
- Supreme Court of the United States (11)
- Civil Rights and Discrimination (10)
- Law and Race (10)
- Legal Writing and Research (10)
- Legal Education (9)
- Litigation (9)
- Science and Technology Law (9)
- Constitutional Law (6)
- Criminal Procedure (6)
- Intellectual Property Law (6)
- Legal Profession (6)
- Library and Information Science (6)
- Physical Sciences and Mathematics (6)
- Law Librarianship (5)
- Law and Gender (4)
- Law and Psychology (4)
- Legal History (4)
- Institution
-
- Georgetown University Law Center (41)
- University of Michigan Law School (41)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (12)
- University of Colorado Law School (8)
- University of Pennsylvania Carey Law School (4)
-
- American University Washington College of Law (3)
- Penn State Law (3)
- Roger Williams University (2)
- Southern Methodist University (2)
- University of Georgia School of Law (2)
- University of Kentucky (2)
- University of Richmond (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- George Washington University Law School (1)
- Loyola University Chicago (1)
- Maurer School of Law: Indiana University (1)
- Texas A&M University School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- University of Florida Levin College of Law (1)
- University of Maine School of Law (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- Publication Year
- Publication
-
- Articles (37)
- Supreme Court Overviews (18)
- Memos and Fact Sheets (13)
- Scholarly Works (13)
- SCI Papers & Reports (10)
-
- All Faculty Scholarship (6)
- Research Data (5)
- Faculty Publications (3)
- Faculty Scholarship (3)
- Journal Articles (3)
- Other Publications (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Journal Articles and Book Chapters (2)
- Law Faculty Publications (2)
- Law Faculty Scholarly Articles (2)
- Law Library Newsletters/Blog (2)
- Reviews (2)
- Vanderbilt Law School Faculty Publications (2)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (1)
- Akron Law Faculty Publications (1)
- Articles by Maurer Faculty (1)
- Articles, Chapters and Online Publications (1)
- Boyd Briefs / Road Scholars (1)
- Faculty Articles and Other Publications (1)
- GW Law Faculty Publications & Other Works (1)
- Indigenous Water Justice Symposium (June 6) (1)
- Library Staff Publications (1)
- Miscellaneous Law School History & Publications (1)
- Newsletters & Other Publications (1)
- Political Science: Faculty Publications and Other Works (1)
Articles 31 - 60 of 144
Full-Text Articles in Law
Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council
Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
19 slides
Supreme Court Of The United States, October Term 2016 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Of The United States, October Term 2016 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Undetected Conflict-Of-Laws Problems In Cross-Border Online Copyright Infringement Cases, Marketa Trimble
Undetected Conflict-Of-Laws Problems In Cross-Border Online Copyright Infringement Cases, Marketa Trimble
Scholarly Works
This article provides and analyzes data on copyright infringement cases filed in U.S. federal district courts in 2013; it focuses on infringement cases involving activity on the internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled "Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements: An Analysis of National Approaches" (the "Report"), which was published by the World Intellectual Property Organization in September 2015. In the Report its author, Professor Andrew F. Christie, discusses his empirical findings about the intersection of intellectual property …
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr
Articles
In this Article, I explore why measuring disparate-treatment discrimination by police is so difficult, and consider the ways that researchers' existing tools can make headway on these challenges and the ways they fall short. Lab experiments have provided useful information about implicit racial bias, but they cannot directly tell us how these biases actually affect real-world behavior. Meanwhile, for observational researchers, there are various hurdles, but the hardest one to overcome is generally the absence of data on the citizen conduct that at least partially shapes policing decisions. Most crime, and certainly most noncriminal "suspicious" or probable-cause-generating behavior, goes unreported …
The Incompatibility Of Due Process And Naked Statistical Evidence, G. Alexander Nunn
The Incompatibility Of Due Process And Naked Statistical Evidence, G. Alexander Nunn
Faculty Scholarship
Numerous articles and commentaries have grappled with an undeniable feeling of injustice that comes from wrestling with naked statistical evidence. Even if, from a purely quantitative standpoint, the weight of the evidence supports the imposition of liability on a defendant, the sole use of probabilities to assess this liability seems innately unfair. This tension has spawned a great debate that questions the role of naked statistical evidence in today’s legal system. Contributing to this discourse, this Note argues that, in certain circumstances, the use of naked statistical evidence constitutes a due process violation. United States circuit courts have held that …
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Law Faculty Scholarly Articles
Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from …
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2014-2015 academic year-–corresponding to the U.S. Supreme Court’s October Term (OT) 2014-–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2014-–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers-–follows the narrative portion of this report.
An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld, Jessica L. Roberts
An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld, Jessica L. Roberts
Law Faculty Scholarly Articles
This Essay begins to explore how Medicaid, after the Patient Protection and Affordable Care Act, metamorphoses from exclusion and limitations in access and benefits to a form of social insurance that implicates theories of social justice. The social justice aspect of universality provides an important lens for understanding these numbers, both in terms of the states that are expanding and the states that are opting out. States that refuse to expand their Medicaid programs are denying millions of Americans the benefit of a precious legal entitlement. It is essential that the states understand the power—and the potential—of this evolving social …
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Articles
This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The strategies comply with the statute’s limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation’s millions of prisoners. After Part I’s introduction, Part II summarizes in several charts the PLRA’s sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and situations in which courts continue to …
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Articles
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined prisoners' ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners' meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys' fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made …
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr
Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr
Articles
Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than …
Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott
Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott
Articles
Sex offender laws that target recidivism (e.g., community notification and residency restriction regimes) are premised—at least in part—on the idea that sex offender proximity and victimization risk are positively correlated. We examine this relationship by combining past and current address information of registered sex offenders (RSOs) with crime data from Baltimore County, Maryland, to study how crime rates vary across neighborhoods with different concentrations of resident RSOs. Contrary to the assumptions of policymakers and the public, we find that, all else equal, reported sex offense victimization risk is generally (although not uniformly) lower in neighborhoods where more RSOs live. To …
Supreme Court Institute Annual Report, 2013-2014, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2013-2014, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2013-2014 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2013–the Supreme Court Institute (SCI) provided moot courts for advocates in 96% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and further integrated the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2013–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.
Overstating The Satisfaction Of Lawyers, David L. Chambers
Overstating The Satisfaction Of Lawyers, David L. Chambers
Articles
Recent literature commonly reports US lawyers as disheartened and discontented, but more than two dozen statistically based studies report that the great majority of lawyers put themselves on the satisfied side of scales of job satisfaction. The claim of this article is that, in three ways, these statistically based studies convey an overly rosy impression of lawyers’ attitudes: first, that many of those who put themselves above midpoints on satisfaction scales are barely more positive than negative about their careers and often have profound ambivalence about their work; second, that surveys conducted at a single point in time necessarily fail …
Copyright Update For The 2014 Nevada Bar Intellectual Property Law Conference, Marketa Trimble
Copyright Update For The 2014 Nevada Bar Intellectual Property Law Conference, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Nevada Bar Intellectual Property Law Section's annual Intellectual Property Law Conference, held on November 14, 2014 at the William S. Boyd School of Law.
The presentation provided attendees with a "year-in-review" update on copyright law, covering the time period of October 2013 to October 2014. Nevada copyright litigation statistics, summaries of important copyright cases, and discussion of pending copyright legislation were included in the presentation.
Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Copyright's Topography: An Empirical Study Of Copyright Litigation, Christopher A. Cotropia, James Gibson
Copyright's Topography: An Empirical Study Of Copyright Litigation, Christopher A. Cotropia, James Gibson
Law Faculty Publications
One of the most important ways to measure the impact of copyright law is through empirical examination of actual copyright infringement cases. Yet scholars have universally overlooked this rich source of data. This study fills that gap through a comprehensive empirical analysis of copyright infringement litigation, examining the pleadings, motions, and dockets from more than nine hundred copyright lawsuits filed from 2005 through 2008. The data we collect allow us to examine a wide variety of copyright issues, such as the rate of settlements versus judgments; the incidence of litigation between major media companies, small firms, and individuals; the kinds …
Machine Learning And Law, Harry Surden
Machine Learning And Law, Harry Surden
Publications
This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning” refers to computer algorithms that have the ability to “learn” or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing …
Foreigners In U.S. Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine U.S. Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Foreigners In U.S. Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine U.S. Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Scholarly Works
One of the greatest challenges facing patent holders is the enforcement of their rights against foreign (non-U.S.) infringers. Jurisdictional rules can prevent patent holders from filing patent infringement suits where they have the greatest likelihood of success in enforcement, such as where the infringer is located, has his seat, or holds his assets; instead, patent holders must file lawsuits in the country where the infringed patent was issued. But filing a patent lawsuit in a U.S. court against a non-U.S. infringer may be subject to various difficulties associated with the fact that U.S. substantive patent law (particularly as regards its …
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Articles
This Article critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise- condemned discrimination, sanitized by scientific language. To demonstrate that this practice raises serious constitutional concerns, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that the policy is not justified by countervailing state interests, I review the empirical evidence underlying the instruments. I show that …
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
Rate Of False Conviction Of Criminal Defendants Who Are Sentenced To Death, Samuel R. Gross, Barbara O'Brien, Chen Hu, Edward H. Kennedy
Rate Of False Conviction Of Criminal Defendants Who Are Sentenced To Death, Samuel R. Gross, Barbara O'Brien, Chen Hu, Edward H. Kennedy
Articles
The rate of erroneous conviction of innocent criminal defendants is often described as not merely unknown but unknowable. There is no systematic method to determine the accuracy of a criminal conviction; if there were, these errors would not occur in the first place. As a result, very few false convictions are ever discovered, and those that are discovered are not representative of the group as a whole. In the United States, however, a high proportion of false convictions that do come to light and produce exonerations are concentrated among the tiny minority of cases in which defendants are sentenced to …
Overstating The Satisfaction Of Lawyers, David L. Chambers
Overstating The Satisfaction Of Lawyers, David L. Chambers
Articles
Recent literature commonly reports US lawyers as disheartened and discontented, but more than two dozen statistically based studies report that the great majority of lawyers put themselves on the satisfied side of scales of job satisfaction. The claim of this article is that, in three ways, these statistically based studies convey an overly rosy impression of lawyers’ attitudes: first, that many of those who put themselves above midpoints on satisfaction scales are barely more positive than negative about their careers and often have profound ambivalence about their work; second, that surveys conducted at a single point in time necessarily fail …
Putting The Trial Penalty On Trial, David S. Abrams
Putting The Trial Penalty On Trial, David S. Abrams
All Faculty Scholarship
The "trial penalty" is a concept widely accepted by all the major actors in the criminal justice system: defendants, prosecutors, defense attorneys, court employees, and judges. The notion is that defendants receive longer sentences at trial than they would have through plea bargain, often substantially longer. The concept is intuitive: longer sentences are necessary in order to induce settlements and without a high settlement rate it would be impossible for courts as currently structured to sustain their immense caseload. While intuitively appealing, this view of the trial penalty is completely at odds with economic prediction. Since both prosecutors and defendants …
Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2012-2013 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2012–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and hosted several delegations of foreign visitors. A list of all SCI moot courts held in OT 2012–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.
Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz
Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz
Research Data
The documents here archived contain data compilations researched and recorded by me and my research assistants in connection with the article by Marianne "Mimi" Wesson, Living Death: Ambivalence, Delay, and Capital Punishment (Feb. 20, 2013), https://ssrn.com/abstract=2221597.
Our research investigated four study jurisdictions: Arizona, Louisiana, Nevada, and Ohio. The data falls into two categories: analyses of reported appellate cases during designated periods in those jurisdictions; and investigations of the subsequent careers of every individual who resided on death row in one of our jurisdictions in April of 1995. The article further explains the impetus for these investigations, and the conclusions …
It's Not All Statistics: Demystifying Empirical Research, Sarah J. Morath
It's Not All Statistics: Demystifying Empirical Research, Sarah J. Morath
Akron Law Faculty Publications
Although Oliver Wendell Holmes was touting the merits of empirical research over one hundred years ago, only recently have legal academics created a journal and conference dedicated to empirical legal studies. Interestingly, topics of interest to legal writing professors have been a source for empirical research well before the emergence these specialized journals and conferences. For example, empirical research comparing the use of legal prose to plain English in appellate briefs was taking place over 25 years ago. In 1996, the second volume of The Journal of Legal Writing Institute included an empirical study evaluating which professors’ comments students found …
Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod
“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod
Faculty Publications
Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own.
This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides …