Law Commons^™

Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson

Duke Law Journal

In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this phenomenon perpetuates racial bias in case outcomes. To test the hypothesis that judges and jurors misremember case facts in racially biased ways, I conducted an empirical study in which participants were asked to recall facts of stories they had read only minutes earlier. Results of the …

Measuring The Next 30 Years, Beth Locker, Andrew Barclay

University of Michigan Journal of Law Reform

The last thirty years have seen many changes in the field of child protection, as child welfare law and policy have been undergoing nearly constant change. Those changes, however, have rarely been supported by data or scientific research; rather, they seem to have been largely driven by individual perception of events and gut instincts resulting in what has become essentially a folklore-based system. By focusing on data and scientific research, we hope for better outcomes, but short of that, we at least hope to know whether, and why, outcomes change. The move towards data collection and analysis has begun, but …

Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann

Michael D. Mann

No abstract provided.

Finding The Fastest Way To Her Heart: Linking Clinical And Policy Pathways, Paula Johnson, Brian R. Schuetz, Shelley M. Stark, Dora Tovar

New England Journal of Public Policy

The Mary Horrigan Connors Center for Women’s Health and Gender Biology at Brigham and Women’s Hospital in Boston, integrates research, clinical practice, and policy analysis with practical application to emerging women’s health issues. Recently, an interdisciplinary team of practitioners examined pathways to improving women’s heart health. Beginning with the evidence that a heart-healthy diet leads to improved health outcomes for women with cardiovascular disease, the Connors Center team charted a course of intellectual exploration that culminated in a broader community dialogue on how to improve access to healthy and affordable food. Through clinical experiences, research activities, and an ongoing interchange …

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

67 p.

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

The "Printed Publication" Bar After Klopfenstein: Has The Federal Circuit Changed The Way Professors Should Talk About Science?, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in academic science. In Klopfenstein, the Federal Circuit held that the posting of lecture slides after a talk triggered the printed publication bar of the patent statute. First, I argue (contrary to other commentators) that the Federal Circuit is consistent with prior precedent; that the public accessibility and dissemination inquiries should rest on substance rather than form. The focus of the § 102(b) inquiry remains on the inventor, who should lose the …

Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond

Villanova Law Review

No abstract provided.

A Comprehensive Analysis Of Mri Research Risks: In Support Of Full Disclosure, Jennifer Marshall, Toby Martin, Jocelyn Downie, Krisztina Malisza

Articles, Book Chapters, & Popular Press

Magnetic resonance imaging (MRI) procedures have been used for over 20 years. This modality is considered relatively safe and holds great promise. Yet, MRI has a number of risks. In order for MRI research to meet the Canadian standard of disclosure, the investigator must communicate and make note of all risks in their research protocols and consent forms. Those creating and reviewing research protocols and consent forms must take notice of the different circumstances under which MRI poses a risk. First, this paper will describe the current standard of disclosure in Canada for research participants. Second, the paper will provide …

Reflections On The Commercialization Of Research Conducted In Public Institutions In Canada, Jocelyn Downie, Matthew Herder

Articles, Book Chapters, & Popular Press

We are presently witnessing a remarkable emphasis upon the commercialization of research in public institutions around the world. The issue is polarizing within the academic community, but the commercialization of research in public institutions has, in itself, largely failed to capture the public imagination. Nothing suggests that a large-scale debate on this issue is forthcoming in Canada or elsewhere. The purpose of this paper is therefore to build the case for why large-scale debate is necessary and to set the stage for that debate by providing an account of all of the alleged benefits and harms of commercialization. Our review …

Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli

Cleveland State Law Review

In short, as the academy sends more students than ever to corporate law firms, law schools need to do more to cultivate, nourish, and prepare the next generation of public interest lawyers. By making public interest lawyering more prominent in the curriculum, and offering students greater opportunity to work with faculty and students of similar interest on public interest issues, the academy can take an important step forward toward helping students overcome feelings of isolation and survive the formidable obstacles that discourage public interest careers. This article describes one such course, Lawyering in the Public Interest, which is offered as …