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2014

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Articles 31 - 60 of 1691

Full-Text Articles in Physical Sciences and Mathematics

But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Dec 2014

But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Stephen P. Garvey

What role does remorse really play in capital sentencing? We divide this basic question in two. First, what makes jurors come to believe a defendant is remorseful? Second, does a belief in the defendant's remorse affect the jury's final judgment of life or death? Here we present a systematic, empirical analysis that tries to answer these questions. What makes jurors think a defendant is remorseful? Among other things, we find that the more jurors think that the crime is coldblooded, calculated, and depraved and that the defendant is dangerous, the less likely they are to think the defendant is remorseful. …

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Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Dec 2014

Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Stephen P. Garvey

The law allows executioners to deny responsibility for what they have done by making it possible for them to believe they have not done it. The law treats members of capital sentencing juries quite differently. It seeks to ensure that they feel responsible for sentencing a defendant to death. This differential treatment rests on a presumed link between a capital sentencer's willingness to accept responsibility for the sentence she imposes and the accuracy and reliability of that sentence. Using interviews of 153 jurors who sat in South Carolina capital cases, this article examines empirically whether capital sentencing jurors assume responsibility …

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Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Dec 2014

Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Stephen P. Garvey

Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less egregious cases no matter what their own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury's will, not the individual juror's. Controlling for the facts likely to influence a juror's verdict helps to isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her own judgment before the majority works its will. …

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Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus Dec 2014

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Stephen P. Garvey

Next to Texas, no state has executed more capital defendants than Virginia. Moreover, the likelihood of a death sentence actually being carried out is greater in Virginia than it is elsewhere, while the length of time between the imposition of a death sentence and its actual execution is shorter. Virginia has thus earned a reputation among members of the defense bar as being among the worst of the death penalty states. Yet insofar as these facts about Virginia's death penalty relate primarily to the behavior of state and federal appellate courts, they suggest that what makes Virginia's death penalty unique …

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The Merciful Capital Juror, Theodore Eisenberg, Stephen P. Garvey Dec 2014

The Merciful Capital Juror, Theodore Eisenberg, Stephen P. Garvey

Stephen P. Garvey

We examine the role of mercy in capital sentencing along three dimensions. We first explain why mercy is a philosophically problematic virtue, and second, why it presently holds an ambiguous status within constitutional doctrine. Finally, we draw on interviews with jurors who served on capital cases in order better to understand how the behavior of merciful jurors compares to the behavior of their less merciful counterparts. Among other things, we find that merciful jurors tend to be better educated and to attend religious services regularly. We also find that merciful jurors are, as one might reasonably expect, more apt to …

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The Deadly Paradox Of Capital Jurors, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Dec 2014

The Deadly Paradox Of Capital Jurors, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Stephen P. Garvey

We examine support for the death penalty among a unique group of respondents: one hundred and eighty-seven citizens who actually served as jurors on capital trials in South Carolina. Capital jurors support the death penalty as much as, if not more than, members of the general public. Yet capital jurors, like poll respondents, harbor doubts about the penalty's fairness. Moreover, jurors--black jurors and Southern Baptists in particular--are ready to abandon their support for the death penalty when the alternative to death is life imprisonment without the possibility of parole, especially when combined with a requirement of restitution. Support for the …

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Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Dec 2014

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Sherry Colb

No abstract provided.

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Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg Dec 2014

Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg

Kevin M. Clermont

Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this. Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …

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Exorcising The Evil Of Forum-Shopping, Kevin Clermont, Theodore Eisenberg Dec 2014

Exorcising The Evil Of Forum-Shopping, Kevin Clermont, Theodore Eisenberg

Kevin M. Clermont

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case. The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …

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How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab Dec 2014

How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab

Kevin M. Clermont

Employment-discrimination plaintiffs swim against the tide. Compared to the typical plaintiff, they win a lower proportion of cases during pretrial and after trial. Then, many of their successful cases are appealed. On appeal, they have a harder time in upholding their successes, as well in reversing adverse outcome. This tough story does not describe some tiny corner of the litigation world. Employment-discrimination cases constitute an increasing fraction of the federal civil docket, now reigning as the largest single category of cases at nearly 10 percent. In this article, we use official government data to describe the appellate phase of this …

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Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan Dec 2014

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Kevin M. Clermont

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages. In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …

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Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont Dec 2014

Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont

Kevin M. Clermont

No abstract provided.

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Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin Clermont, Theodore Eisenberg Dec 2014

Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin Clermont, Theodore Eisenberg

Kevin M. Clermont

This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners’ aversion to U.S. forums can elevate the foreigners’ success rates, when measured as a percentage of …

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Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg Dec 2014

Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg

Kevin M. Clermont

Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …

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Explaining Death Row's Population And Racial Composition, John H. Blume, Theodore Eisenberg, Martin T. Wells Dec 2014

Explaining Death Row's Population And Racial Composition, John H. Blume, Theodore Eisenberg, Martin T. Wells

John H. Blume

Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas's death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in …

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Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John Blume, Theodore Eisenberg Dec 2014

Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John Blume, Theodore Eisenberg

John H. Blume

Several studies try to explain case outcomes based on the politics of judicial selection methods. Scholars usually hypothesize that judges selected by partisan popular elections are subject to greater political pressure in deciding cases than are other judges. No class of cases seems more amenable to such analysis than death penalty cases. No study, however, accounts both for judicial politics and case selection, the process through which cases are selected for death penalty litigation. Yet, the case selection process cannot be ignored because it yields a set of cases for adjudication that is far from a random selection of cases. …

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Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld Dec 2014

Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld

John H. Blume

The conventional wisdom is that most trials are won or lost in jury selection. If this is true, then in many capital cases, jury selection is literally a matter of life or death. Given these high stakes and Supreme Court case law setting out standards for voir dire in capital cases, one might expect a sophisticated and thoughtful process in which each side carefully considers which jurors would be best in the particular case. Instead, it turns out that voir dire in capital cases is woefully ineffective at the most elementary task--weeding out unqualified jurors. Empirical evidence reveals that many …

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Recommender Systems Research: A Connection-Centric Survey, Saverio Perugini, Marcos André Gonçalves, Edward A. Fox Dec 2014

Recommender Systems Research: A Connection-Centric Survey, Saverio Perugini, Marcos André Gonçalves, Edward A. Fox

Saverio Perugini

Recommender systems attempt to reduce information overload and retain customers by selecting a subset of items from a universal set based on user preferences. While research in recommender systems grew out of information retrieval and filtering, the topic has steadily advanced into a legitimate and challenging research area of its own. Recommender systems have traditionally been studied from a content-based filtering vs. collaborative design perspective. Recommendations, however, are not delivered within a vacuum, but rather cast within an informal community of users and social context. Therefore, ultimately all recommender systems make connections among people and thus should be surveyed from …

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Automatically Generating Interfaces For Personalized Interaction With Digital Libraries, Saverio Perugini, Naren Ramakrishnan, Edward A. Fox Dec 2014

Automatically Generating Interfaces For Personalized Interaction With Digital Libraries, Saverio Perugini, Naren Ramakrishnan, Edward A. Fox

Saverio Perugini

We present an approach to automatically generate interfaces supporting personalized interaction with digital libraries; these interfaces augment the user-DL dialog by empowering the user to (optionally) supply out-of-turn information during an interaction, flatten or restructure the dialog, and inquire about dialog options. Interfaces generated using this approach for CITIDEL are described.

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Symbolic Links In The Open Directory Project, Saverio Perugini Dec 2014

Symbolic Links In The Open Directory Project, Saverio Perugini

Saverio Perugini

We present a study to develop an improved understanding of symbolic links in web directories. A symbolic link is a hyperlink that makes a directed connection from a web page along one path through a directory to a page along another path. While symbolic links are ubiquitous in web directories such as Yahoo!, they are under-studied, and as a result, their uses are poorly understood. A cursory analysis of symbolic links reveals multiple uses: to provide navigational shortcuts deeper into a directory, backlinks to more general categories, and multiclassification. We investigated these uses in the Open Directory Project (ODP), the …

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Interacting With Web Hierarchies, Saverio Perugini, Naren Ramakrishnan Dec 2014

Interacting With Web Hierarchies, Saverio Perugini, Naren Ramakrishnan

Saverio Perugini

Web site interfaces are a particularly good fit for hierarchies in the broadest sense of that idea, i.e. a classification with multiple attributes, not necessarily a tree structure. Several adaptive interface designs are emerging that support flexible navigation orders, exposing and exploring dependencies, and procedural information-seeking tasks. This paper provides a context and vocabulary for thinking about hierarchical Web sites and their design. The paper identifies three features that interface to information hierarchies. These are flexible navigation orders, the ability to expose and explore dependencies, and support for procedural tasks. A few examples of these features are also provided

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The Partial Evaluation Approach To Information Personalization, Naren Ramakrishnan, Saverio Perugini Dec 2014

The Partial Evaluation Approach To Information Personalization, Naren Ramakrishnan, Saverio Perugini

Saverio Perugini

Information personalization refers to the automatic adjustment of information content, structure, and presentation tailored to an individual user. By reducing information overload and customizing information access, personalization systems have emerged as an important segment of the Internet economy. This paper presents a systematic modeling methodology— PIPE (‘Personalization is Partial Evaluation’) — for personalization. Personalization systems are designed and implemented in PIPE by modeling an information-seeking interaction in a programmatic representation. The representation supports the description of information-seeking activities as partial information and their subsequent realization by partial evaluation, a technique for specializing programs. We describe the modeling methodology at a …

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The Staging Transformation Approach To Mixing Initiative, Robert Capra, Michael Narayan, Saverio Perugini, Naren Ramakrishnan, Manuel A. Pérez-Quiñones Dec 2014

The Staging Transformation Approach To Mixing Initiative, Robert Capra, Michael Narayan, Saverio Perugini, Naren Ramakrishnan, Manuel A. Pérez-Quiñones

Saverio Perugini

Mixed-initiative interaction is an important facet of many conversational interfaces, flexible planning architectures, intelligent tutoring systems, and interactive information retrieval systems. Software systems for mixed-initiative interaction must enable us to both operationalize the mixing of initiative (i.e., support the creation of practical dialogs) and to reason in real-time about how a flexible mode of interaction can be supported (e.g., from a meta-dialog standpoint). In this paper, we present the staging transformation approach to mixing initiative, where a dialog script captures the structure of the dialog and dialog control processes are realized through generous use of program transformation techniques (e.g., partial …

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A Study Of Out-Of-Turn Interaction In Menu-Based, Ivr, Voicemail Systems, Saverio Perugini, Taylor J. Anderson, William F. Moroney Dec 2014

A Study Of Out-Of-Turn Interaction In Menu-Based, Ivr, Voicemail Systems, Saverio Perugini, Taylor J. Anderson, William F. Moroney

Saverio Perugini

We present the first user study of out-of-turn interaction in menu-based, interactive voice-response systems. Out-ofturn interaction is a technique which empowers the user (unable to respond to the current prompt) to take the conversational initiative by supplying information that is currently unsolicited, but expected later in the dialog. The technique permits the user to circumvent any flows of navigation hardwired into the design and navigate the menus in a manner which reflects their model of the task. We conducted a laboratory experiment to measure the effect of the use of outof- turn interaction on user performance and preference in a …

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Exploring Out-Of-Turn Interactions With Websites, Saverio Perugini, Naren Ramakrishnan, Manuel A. Pérez-Quiñones, Mary E. Pinney, Mary Beth Rosson Dec 2014

Exploring Out-Of-Turn Interactions With Websites, Saverio Perugini, Naren Ramakrishnan, Manuel A. Pérez-Quiñones, Mary E. Pinney, Mary Beth Rosson

Saverio Perugini

Hierarchies are ubiquitous on the web for structuring online catalogs and indexing multidimensional attributed data sets. They are a natural metaphor for information seeking if their levelwise structure mirrors the user's conception of the underlying domain. In other cases, they can be frustrating, especially if multiple drill‐downs are necessary to arrive at information of interest. To support a broad range of users, site designers often expose multiple faceted classifications or provide within‐page pruning mechanisms. We present a new technique, called out-of-turn interaction, that increases the richness of user interaction at hierarchical sites, without enumerating all possible completion paths in the …

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Pointing Devices For Wearable Computers, Saverio Perugini, Andres A. Calvo Dec 2014

Pointing Devices For Wearable Computers, Saverio Perugini, Andres A. Calvo

Saverio Perugini

We present a survey of pointing devices for wearable computers, which are body-mounted devices that users can access at any time. Since traditional pointing devices (i.e., mouse, touchpad, and trackpoint) were designed to be used on a steady and flat surface, they are inappropriate for wearable computers. Just as the advent of laptops resulted in the development of the touchpad and trackpoint, the emergence of wearable computers is leading to the development of pointing devices designed for them. However, unlike laptops, since wearable computers are operated from different body positions under different environmental conditions for different uses, researchers have developed …

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Personalizing The Gams Cross-Index, Saverio Perugini, Priya Lakshminarayanan, Naren Ramakrishnan Dec 2014

Personalizing The Gams Cross-Index, Saverio Perugini, Priya Lakshminarayanan, Naren Ramakrishnan

Saverio Perugini

The NIST Guide to Available Mathematical Software (GAMS) system at http://gams.nist .gov serves as the gateway to thousands of scientific codes and modules for numerical computation. We describe the PIPE personalization facility for GAMS, whereby content from the cross-index is specialized for a user desiring software recommendations for a specific problem instance. The key idea is to (i) mine structure, and (ii) exploit it in a programmatic manner to generate personalized web pages. Our approach supports both content-based and collaborative personalization and enables information integration from multiple (and complementary) web resources. We present case studies for the domain of linear, …

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Information Assurance Through Binary Vulnerability Auditing, William B. Kimball, Saverio Perugini Dec 2014

Information Assurance Through Binary Vulnerability Auditing, William B. Kimball, Saverio Perugini

Saverio Perugini

The goal of this research is to develop improved methods of discovering vulnerabilities in software. A large volume of software, from the most frequently used programs on a desktop computer, such as web browsers, e-mail programs, and word processing applications, to mission-critical services for the space shuttle, is unintentionally vulnerable to attacks and thus insecure. By seeking to improve the identification of vulnerabilities in software, the security community can save the time and money necessary to restore compromised computer systems. In addition, this research is imperative to activities of national security such as counterterrorism. The current approach involves a systematic …

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Personalizing Interactions With Information Systems, Saverio Perugini, Naren Ramakrishnan Dec 2014

Personalizing Interactions With Information Systems, Saverio Perugini, Naren Ramakrishnan

Saverio Perugini

Personalization constitutes the mechanisms and technologies necessary to customize information access to the end-user. It can be defined as the automatic adjustment of information content, structure, and presentation tailored to the individual. In this chapter, we study personalization from the viewpoint of personalizing interaction. The survey covers mechanisms for information-finding on the web, advanced information retrieval systems, dialog-based applications, and mobile access paradigms. Specific emphasis is placed on studying how users interact with an information system and how the system can encourage and foster interaction. This helps bring out the role of the personalization system as a facilitator which reconciles …

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Mining Web-Functional Dependencies For Flexible Information Access, Saverio Perugini, Naren Ramakrishnan Dec 2014

Mining Web-Functional Dependencies For Flexible Information Access, Saverio Perugini, Naren Ramakrishnan

Saverio Perugini

We present an approach to enhancing information access through Web structure mining in contrast to traditional approaches involving usage mining. Specifically, we mine the hardwired hierarchical hyperlink structure of Web sites to identify patterns of term-term co-occurrences we call Web functional dependencies (FDs). Intuitively, a Web FD ‘x y’ declares that all paths through a site involving a hyperlink labeled x also contain a hyperlink labeled y. The complete set of FDs satisfied by a site help characterize (flexible and expressive) interaction paradigms supported by a site, where a paradigm is the set of explorable sequences therein. …

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