Legal Theory Commons^™

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

Assessing Bias In Regression Estimates Using Monte Carlo Simulations: Examples In Criminal Justice Research, Matthew P. West, Melissa Rorie, Mark A. Cohen

Graduate Research Symposium (2018 - present)

Can we trust published results? Problems with bias in reported results: “Do social scientists even know anything?” Failed replications (“repligate”). Inaccurate inferences about important relationships (Type I and Type II errors). Inaccurate power analyses for future studies. To avoid these problems, researchers need tools to rigorously evaluate statistical models. The Monte Carlo method is one tool that can be used to evaluate bias in model estimates

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Clark Memorandum: Spring 2013, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Becoming a Fruitful Tree (Elizabeth A. Clark)
• Unfolding in Time (Elder Dallin H. Oaks)
• Faith to Forgive Grievous Harms (James R. Rasband)
• The 21st Century as the Century of Duties? (John W. Welch)

Sozialpolitik Anders Denken. Das Verursacherprinzip – Von Der Umweltpolitischen Zur Sozialpolitischen Anwendung, Isidor Wallimann, Esteban Piñeiro

Books

The “polluter pays” principle in environmental law assumes that the actor would reduce or avoid adverse effects of his actions if he had to bear the consequences of those actions (internalization of effects). Such internalization can generally be done in two ways: either by avoiding or eliminating the harmful effects or by wearing the financial consequences of the injury. It is therefore on the one hand to have an incentive effect, on the other to a compensatory effect.

Pineiro and Wallimann apply these societal cost principles from the environmental world to the social realm, where social problems can be seen …