Law Commons^™

The New Legal Realism, Cass R. Sunstein, Thomas J. Miles

Public Law and Legal Theory Working Papers

The last decade has witnessed the birth of the New Legal Realism—an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large sets and statistical analysis. The New Legal Realists have uncovered a Standard Model of Judicial Behavior, demonstrating significant differences between Republican appointees and Democratic appointees, and showing that such differences can be diminished or heightened by panel composition. The New Legal Realists have also started to find that race, sex, and other demographic characteristics sometimes have effects on judicial judgments. At the same …

Economic Efficiency Versus Public Choice: The Case Of Property Rights In Road Traffic Management, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

This Article argues, using the case of responses to traffic congestion, that public choice provides a greater explanation for the emergence of property rights than does economic efficiency. While the traditional solution to traffic congestion is to provide new roadway capacity, that is not an efficient response in that it does not lead to internalization of costs. Moreover, over time new capacity may serve to exacerbate congestion problems: New roadway capacity may induce additional travel that would not have taken place but for the new construction. By contrast, congestion charges—that is, imposing tolls designed to force drivers to internalize the …

Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan

Federal Communications Law Journal

The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period continued to be the judiciary's efforts to come to terms with the "tort reform" legislation enacted by the General Assembly in 2005, particularly Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

As discussed below, it is beginning to appear that Georgia courts will follow a somewhat different course than that followed by federal courts in their interpretation of Daubert and Daubert's codification in Federal Rule of Evidence 702. As discussed …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Issues of legal ethics arose during the survey year in the usual contexts of attorney discipline, malpractice, and ineffective assistance of counsel. In a handful of cases, the Georgia appellate courts also dealt with other issues related to legal ethics.

Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly

Mercer Law Review

This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by Georgia appellate courts, United States district courts located in Georgia, and the United States Court of Appeals for the Eleventh Circuit. In addition, the Article discusses relevant legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii

Mercer Law Review

The Georgia Appellate Courts continue to consider and clarify the impact of the Tort Reform Act of 2005 on trial practice and procedure while addressing other legislation and case law similarly imperative to litigation in Georgia courts. Although the Georgia General Assembly enacted less legislation related to trial practice and procedure during this survey period than in recent years, the few laws passed are noteworthy.

The Increased Use Of Reconciliation In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern, Cynthia Alkon

Faculty Scholarship

This statement sums up the challenges lawyers, courts, legislatures, and other policymakers face when discussing mediation, reconciliation, or the use of other process alternatives in criminal cases in Central Asia. First, many people in the legal community of Central Asia have different understandings about the types of criminal cases appropriate for referral to alternative processes in lieu of criminal prosecution. Second, many people in the Central Asian legal community have attitudes about victims, defendants, and certain types of crimes that differ significantly from the attitudes held by the legal communities in other countries of the world. For instance, in Central …

The Sunset Of Quality Control In Modern Trademark Licensing, Irene Calboli

Faculty Scholarship

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …

The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 01, 2007

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …

Counterintuitive Thoughts On Legal Scholarship And Secured Transactions, Heather Hughes

Buffalo Law Review

No abstract provided.

Child Welfare's Paradox, Dorothy E. Roberts

William & Mary Law Review

No abstract provided.

The Value Of Creative Professionals In The Entertainment Capital Of The World: Why Celebrity Goodwill Should Be A Divisible Community Property Interest In California Divorces, Paloma Peracchio

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

"If Sex Offenders Can Marry, Then Why Not Gays And Lesbians?": An Essay On The Progressive Comparative Argument, Courtney Megan Cahill

Buffalo Law Review

No abstract provided.

Advertising In The Garden Of Eden, Mark Bartholomew

Buffalo Law Review

Millions of people each day log on to participate in "virtual worlds" where they can acquire virtual property, inhabit virtual spaces, and form lasting relationships with other virtual beings. Excited over the potential of a world without physical limitations, commentators extoll the numerous benefits of virtual life and its possibilities as a forum for social experiment. A real threat to this potential Eden exists, however, in the form of advertisers rushing in to sell their wares. Three functional components are present in all advertising - information, persuasion, and personal expression. When these three components are mapped onto the contours of …

Terrorism As An Intellectual Problem, Charles W. Collier

Buffalo Law Review

No abstract provided.

Unlaw, Emily Albrink Hartigan

Buffalo Law Review

No abstract provided.

The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick

Buffalo Law Review

No abstract provided.

On Legalistic Behavior, The Advocacy Privilege, And Why People Hate Lawyers, Margaret Raymond

Buffalo Law Review

No abstract provided.

Bigotry, Jury Failures, And The Supreme Court's Feeble Response, George C. Thomas Iii

Buffalo Law Review

No abstract provided.

Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel

Buffalo Law Review

No abstract provided.

Notes Toward A Theory Of The Executive Class, David A. Westbrook

Buffalo Law Review

No abstract provided.

The Crab Fisherman And His Children: A Constitutional Compass For The Non-Offending Parent In Child Protection Cases, Angela Greene

Alaska Law Review

No abstract provided.

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …

The Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Mandatory Reporting In Texas For Domestic Violence Against Vulnerable Adults: The Need For Changes In Statutory Enforcement., Paul Riffe

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Revealing The Impurities Of Ivory Soap: A Legal Analysis Of The Validity Of The Implementation Of The No Child Left Behind Act., Andrea Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Mortgage Reform And Anti Predatory Act Of 2007: Paving A Secure Path For Minorities In The Midst Of The Subprime Debacle., Emily Jeffcott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.