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Full-Text Articles in Law

Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn Nov 2015

Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn

Mark P. Gergen

The article discusses common law judicial decision making by the New York Court of Appeals (NYCOA) between 1900 and 1941, focusing on the court's policy towards fairness in cases involving subjects such tort law, contract law, and constitutional law. The judicial acumen of former NYCOA justice such as Benjamin Cardozo is also addressed, along with an analysis of statistical data related to alleged patterned voting by justices.


The Persuasive Powers Of Dna: An Experimental Study In Perceptions Of Expert Evidence, Robyn Lincoln, Adam Southerland, Madeleine Jarrett-Luck Apr 2015

The Persuasive Powers Of Dna: An Experimental Study In Perceptions Of Expert Evidence, Robyn Lincoln, Adam Southerland, Madeleine Jarrett-Luck

Robyn Lincoln

This article presents the results of an experimental study where mock-jurors were tasked with interpreting the presentation of DNA evidence. The 200 university student participants were exposed to one of five murder scenarios where the information about the DNA evidence was manipulated. The results showed that participants were more likely to convict when the DNA match statistic was presented as a probability (0.1%) and focused on the defendant, less likely to convict when it was presented as a frequency (1 in 1,000) and focused on a broader reference group, and even less likely in the control scenario with no DNA …


Probability And Chance In Contract Law, Melvin Aron Eisenberg Mar 2015

Probability And Chance In Contract Law, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.


Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise Feb 2015

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise

Michael Heise

The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?