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Full-Text Articles in Law

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie Nov 2020

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie

Michigan Law Review

In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates ...


Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods Jan 2019

Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods

Michigan Law Review

This Article presents findings from the largest and most comprehensive study to date on violence against the police during traffic stops. Every year, police officers conduct tens of millions of traffic stops. Many of these stops are entirely unremarkableā€”so much so that they may be fairly described as routine. Nonetheless, the narrative that routine traffic stops are fraught with grave and unpredictable danger to the police permeates police training and animates Fourth Amendment doctrine. This Article challenges this dominant danger narrative and its centrality within key institutions that regulate the police.

The presented study is the first to offer ...


Digging Into The Foundations Of Evidence Law, David H. Kaye Apr 2017

Digging Into The Foundations Of Evidence Law, David H. Kaye

Michigan Law Review

Review of The Psychological Foundations of Evidence Law by Michael J. Saks and Barbara A. Spellman.


Can We Calculate Fairness And Reasonableness? Determining What Satisfies The Fair Cross-Section Requirement Of The Sixth Amendment, Colleen P. Fitzharris Dec 2013

Can We Calculate Fairness And Reasonableness? Determining What Satisfies The Fair Cross-Section Requirement Of The Sixth Amendment, Colleen P. Fitzharris

Michigan Law Review

The Impartial Jury Clause of the Sixth Amendment requires that the venire from which the state and the defendant draw a twelve-person petit jury be a fair cross-section of the community. The Supreme Court announced a three-prong test in Duren v. Missouri to help courts determine whether there has been a Sixth Amendment violation: (1) whether a distinctive group in the community was excluded; (2) whether the venire was not a fair and reasonable representation of the county population as a whole; and (3) whether that underrepresentation was the result of systematic exclusion. When evaluating the second prong, courts routinely ...


Black Marriage, White People, Red Herrings, Melissa Murray Apr 2013

Black Marriage, White People, Red Herrings, Melissa Murray

Michigan Law Review

Ralph Richard Banks's Is Marriage for White People? is worlds away from Agatha Christie's novels. Decidedly a work of nonfiction, Banks's book considers the plight of middle-class African Americans who, according to statistics, are the least likely of any demographic group to get and stay married. Despite these obvious differences, Is Marriage for White People? shares some important commonalities with Agatha Christie's mysteries. Banks seeks to solve a mystery, but red herrings draw attention away from the true issue that should be the subject of Banks's concern. The mystery, of course, is the black marriage ...


Will Quants Rule The (Legal) World?, Edward K. Cheng Apr 2009

Will Quants Rule The (Legal) World?, Edward K. Cheng

Michigan Law Review

The quants are coming! And they are here to stay-so argues Professor Ian Ayres' in his new book, Super Crunchers, which details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. To be sure ...


Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein May 2004

Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein

Michigan Law Review

In this lively book, Michael Lewis explores a topic that would seem of interest only to sports fans: how Billy Beane, the charismatic general manager of the Oakland Athletics, turned his baseball team around using, of all things, statistics. What next - an inspirational tale about superior database management? But there are some general lessons in Lewis's book that make it worth the attention of people who do not know the difference between a slider and a screwball (a group that, unfortunately, includes many lawyers and law professors). Those lessons have to do, above all, with the limits of human ...


Conjunction And Aggregation, Saul Levmore Feb 2001

Conjunction And Aggregation, Saul Levmore

Michigan Law Review

This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B satisfied ...


The Fantastic Wisconsylvania Zero-Bureaucratic-Cost School Of Bankruptcy Theory: A Comment, James W. Bowers Jun 1993

The Fantastic Wisconsylvania Zero-Bureaucratic-Cost School Of Bankruptcy Theory: A Comment, James W. Bowers

Michigan Law Review

In two recently published articles, Wisconsin Law Professor Lynn LoPucki and Pennsylvania Law Professor Elizabeth Warren, nearly simultaneously, fired the latest shots in one of academia's hottest ongoing debates: whether any good reason for having bankruptcy law exists. Justice Holmes once opined that the future belonged to the lawyer skilled in statistics and economics. LoPucki and Warren apparently agree about statistics but argue that, in a world with positive transaction costs, economic theory has little to contribute to our understanding about the justifications for bankruptcy law.

I write to highlight what one might easily overlook in LoPucki's and ...


Statistics For Lawyers And Law For Statistics, D. H. Kaye May 1991

Statistics For Lawyers And Law For Statistics, D. H. Kaye

Michigan Law Review

A Review of Statistics for Lawyers by Michael O. Finkelstein and Bruce Levin


Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer Jun 1989

Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer

Michigan Law Review

This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer ...


Webs Of Things In The Mind: A New Science Of Evidence, Peter Tillers May 1989

Webs Of Things In The Mind: A New Science Of Evidence, Peter Tillers

Michigan Law Review

A Review of Evidence and Inference for the Intelligence Analyst by David Schum


Black Innocence And The White Jury, Sheri Lynn Johnson Jan 1985

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that ...


The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye Mar 1982

The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye

Michigan Law Review

A Review of Statistical Proof of Discrimination by David Baldus and James Cole


Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman Nov 1976

Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman

Michigan Law Review

A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to ...


Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane Nov 1976

Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane

Michigan Law Review

Professors Clark and Merryman propose a useful indirect measure of the duration of litigation whose primary virtue is its ease of computation from published court data. As the authors note, such a measure of duration may be useful to persons involved in judicial administration and to attorneys formulating strategy in litigation, and the legal community should find informative their illustration of the concept with Italian court data. Concluding on a pragmatic note, Professors Clark and Merryman appear to suggest that attorneys, clients, judges, court administrators, and social scientists must ultimately assess the utility of their concept. In making this assessment ...


Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller Jun 1968

Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller

Michigan Law Review

This Article chronicles one attempt to blend the sophisticated science of statistics with the mysterious art of the law in an antitrust case. Once again, we hope to provide lawyers with an understanding of a tool which can be used in resolving complex factual questions wherever they arise, not merely in an antitrust context. Although the lawyer will not emerge from this encounter as an accomplished statistician or economist, he may be able to talk to his fellow social scientists and to achieve a more fruitful application of social science techniques to the law.


Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war ...