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Articles 1 - 14 of 14
Full-Text Articles in Law
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Michigan Journal of Gender & Law
LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …
Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn
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.
Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow
Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow
Curtis E.A. Karnow
Articles, books, and other online resources relating to expert testimony with a specific focus on problems with peer review, bad science, and statistics
Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema
Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema
Michigan Journal of International Law
Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …
The Incompatibility Of Due Process And Naked Statistical Evidence, G. Alexander Nunn
The Incompatibility Of Due Process And Naked Statistical Evidence, G. Alexander Nunn
Faculty Scholarship
Numerous articles and commentaries have grappled with an undeniable feeling of injustice that comes from wrestling with naked statistical evidence. Even if, from a purely quantitative standpoint, the weight of the evidence supports the imposition of liability on a defendant, the sole use of probabilities to assess this liability seems innately unfair. This tension has spawned a great debate that questions the role of naked statistical evidence in today’s legal system. Contributing to this discourse, this Note argues that, in certain circumstances, the use of naked statistical evidence constitutes a due process violation. United States circuit courts have held that …
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Law Faculty Scholarly Articles
Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from …
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2014-2015 academic year-–corresponding to the U.S. Supreme Court’s October Term (OT) 2014-–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2014-–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers-–follows the narrative portion of this report.
The Persuasive Powers Of Dna: An Experimental Study In Perceptions Of Expert Evidence, Robyn Lincoln, Adam Southerland, Madeleine Jarrett-Luck
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 …
An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld, Jessica L. Roberts
An Empirical Perspective On Medicaid As Social Insurance, Nicole Huberfeld, Jessica L. Roberts
Law Faculty Scholarly Articles
This Essay begins to explore how Medicaid, after the Patient Protection and Affordable Care Act, metamorphoses from exclusion and limitations in access and benefits to a form of social insurance that implicates theories of social justice. The social justice aspect of universality provides an important lens for understanding these numbers, both in terms of the states that are expanding and the states that are opting out. States that refuse to expand their Medicaid programs are denying millions of Americans the benefit of a precious legal entitlement. It is essential that the states understand the power—and the potential—of this evolving social …
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Articles
This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The strategies comply with the statute’s limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation’s millions of prisoners. After Part I’s introduction, Part II summarizes in several charts the PLRA’s sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and situations in which courts continue to …
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Articles
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined prisoners' ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners' meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys' fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made …
Probability And Chance In Contract Law, Melvin Aron Eisenberg
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
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?
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.