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Articles 1531 - 1560 of 9191
Full-Text Articles in Law
A Primer On Adoption Law, Douglas E. Abrams
A Primer On Adoption Law, Douglas E. Abrams
Faculty Publications
No abstract provided.
Protecting And Preserving Our National Parks In The Twenty First Century: Are Additional Reforms Needed Above And Beyond The Requirements Of The 1998 National Parks Omnibus Management Act?, Richard J. Ansson Jr., Dalton L. Hooks Jr.
Protecting And Preserving Our National Parks In The Twenty First Century: Are Additional Reforms Needed Above And Beyond The Requirements Of The 1998 National Parks Omnibus Management Act?, Richard J. Ansson Jr., Dalton L. Hooks Jr.
Montana Law Review
Protecting and Preserving Our National Parks in the Twenty First Century
Meic V. Deq: An Inadequate Effort To Address The Meaning Of Montana's Constitutional Environmental Provisions, John L. Horwich
Meic V. Deq: An Inadequate Effort To Address The Meaning Of Montana's Constitutional Environmental Provisions, John L. Horwich
Montana Law Review
MEIC v. DEQ
Time-Shifted Rationality And The Law Of Law's Leverage: Behavioral Economics Meets Behavioral Biology, Owen D. Jones
Time-Shifted Rationality And The Law Of Law's Leverage: Behavioral Economics Meets Behavioral Biology, Owen D. Jones
Vanderbilt Law School Faculty Publications
A flood of recent scholarship explores legal implications of seemingly irrational behaviors by invoking cognitive psychology and notions of bounded rationality. In this article, I argue that advances in behavioral biology have largely overtaken existing notions of bounded rationality, revealing them to be misleadingly imprecise - and rooted in outdated assumptions that are not only demonstrably wrong, but also wrong in ways that have material implications for subsequent legal conclusions. This can be remedied. Specifically, I argue that behavioral biology offers three things of immediate use. First, behavioral biology can lay a foundation for both revising bounded rationality and fashioning …
Damages To Deter Police Shootings, W. Kip Viscusi, S. Jeffrey
Damages To Deter Police Shootings, W. Kip Viscusi, S. Jeffrey
Vanderbilt Law School Faculty Publications
Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families and to establish levels of deterrence that are sufficient to curtail unjust fatalities. There are legal criteria for what level of force is "reasonable," but determining reasonableness in practice may be difficult. Practical guidance such as the "21-foot rule" for the threat to warrant a shooting is often problematic. …
Who Owns The Sky?, Gerald Torres
Who Owns The Sky?, Gerald Torres
Cornell Law Faculty Publications
I argue that the public has a current and continuing interest in the air resource. This commonly held interest requires that where the government has sanctioned the private trading of this asset the government must account for the profits of such trades. In short, it is not the government's property to give away. Ancillary benefits associated with cleaner air do not offset the public's interest in the value of the resource, especially where the regulatory scheme has effectively precluded private action in defense of the resource. This does not discount the government's obligation to protect the resource from predation; it …
Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck
Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck
Articles
The article advocates for federal legislation to address the wrongful conviction of innocent individuals, particularly through postconviction DNA testing. It emphasizes the urgent need for legal reforms to ensure access to DNA testing for all inmates, regardless of their sentence, and highlights the importance of preserving biological evidence, providing adequate funding for competent counsel, and leveraging technological advancements in DNA testing to exonerate the innocent and improve the criminal justice system.
Saving Desdemona, Ron A. Shapira
The Perceived Values Of Diversity, Then And Now, Peter H. Schuck
The Perceived Values Of Diversity, Then And Now, Peter H. Schuck
Cardozo Law Review
No abstract provided.
Table Of Contents - Cardozo Law Review, Volume 22, Issues 5-6
Table Of Contents - Cardozo Law Review, Volume 22, Issues 5-6
Cardozo Law Review
No abstract provided.
A Primer On Rough Sets: A New Approach To Drawing Conclusions From Data, Zdzisław Pawlak
A Primer On Rough Sets: A New Approach To Drawing Conclusions From Data, Zdzisław Pawlak
Cardozo Law Review
Rough set theory is a new mathematical approach to vague and uncertain data analysis. This Article explains basic concepts of the theory through a simple tutorial example and briefly outlines the application of the method to drawing conclusions from factual data. The presented approach can be used in some kind of legal reasoning.
Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson
Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson
Cardozo Law Review
No abstract provided.
Common Sense, Rationality, And The Legal Process, Ronald J. Allen
Common Sense, Rationality, And The Legal Process, Ronald J. Allen
Cardozo Law Review
No abstract provided.
What Is "Common" About Common Sense?: Cautionary Tales For Travelers Crossing Disciplinary Boundaries, Marilyn Maccrimmon
What Is "Common" About Common Sense?: Cautionary Tales For Travelers Crossing Disciplinary Boundaries, Marilyn Maccrimmon
Cardozo Law Review
No abstract provided.
Alternative Views Of Argument Construction From A Mass Of Evidence, David A. Schum
Alternative Views Of Argument Construction From A Mass Of Evidence, David A. Schum
Cardozo Law Review
No abstract provided.
Explaining Relevance, Paolo Garbolino
Theories Of Uncertainty: Explaining The Possible Sources Of Error In Inferences, Vern R. Walker
Theories Of Uncertainty: Explaining The Possible Sources Of Error In Inferences, Vern R. Walker
Cardozo Law Review
No abstract provided.
Action And Procedure In Reasoning, Johan Van Benthem
Action And Procedure In Reasoning, Johan Van Benthem
Cardozo Law Review
No abstract provided.
Decision Analysis And Law, Ronald A. Howard
Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier
Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier
Cardozo Law Review
No abstract provided.
On The Proof Dynamics Of Inference To The Best Explanation, John R. Josephson
On The Proof Dynamics Of Inference To The Best Explanation, John R. Josephson
Cardozo Law Review
"Inference to the best explanation" - here called "abduction" - is a distinctive and recognizable pattern of evidential reasoning. It is ubiquitous at or near the surface of typical arguments offered in judicial and scientific contexts, and in ordinary life. It is part of "commonsense logic." An abductive argument is open to attack in characteristic ways, and may be defended in characteristic ways by supporting arguments. Abductive arguments are fallible, but there are only a small number of ways in which they can go wrong. This analysis provides a framework for justification, criticism, and dialogue concerning the evaluation of evidence. …
Species Of Abductive Reasoning In Fact Investigation In Law, David A. Schum
Species Of Abductive Reasoning In Fact Investigation In Law, David A. Schum
Cardozo Law Review
No abstract provided.
Abductive Reasoning In Law: Taxonomy And Inference To The Best Explanation, Kola Abimbola
Abductive Reasoning In Law: Taxonomy And Inference To The Best Explanation, Kola Abimbola
Cardozo Law Review
No abstract provided.
Logical Argumentation, Abduction And Bayesian Decision Theory: A Bayesian Approach To Logical Arguments And Its Application To Legal Evidential Reasoning, David Poole
Cardozo Law Review
There are good normative arguments for using Bayesian decision theory for deciding what to do. However, there are also good arguments for using logic where we want formal semantics for a language, and where we want to use the structure of logical argumentation with logical variables to represent multiple individuals (things). This Article shows how decision theory and logical argumentation can be combined into a coherent framework. The Independent Choice Logic ("ICL") can be viewed as a first-order representation of belief networks with conditional probability tables represented as first-order rules, or as a abductive/argument-based logic with probabilities over assumables. Intuitively …
Othello Could Not Optimize: Economics, Hearsay, And Less Adversary Systems, Craig R. Callen
Othello Could Not Optimize: Economics, Hearsay, And Less Adversary Systems, Craig R. Callen
Cardozo Law Review
No abstract provided.
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Cardozo Law Review
No abstract provided.
A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine
A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine
Cardozo Law Review
No abstract provided.
The Newness Of New Technology, Monroe E. Price
The Newness Of New Technology, Monroe E. Price
Cardozo Law Review
No abstract provided.
Comprehensive References And Indexes, Volume 22 (2000-2001)
Comprehensive References And Indexes, Volume 22 (2000-2001)
Cardozo Law Review
No abstract provided.