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1,137 full-text articles. Page 7 of 37.

Assessing Bias In Regression Estimates Using Monte Carlo Simulations: Examples In Criminal Justice Research, Matthew P. West, Melissa Rorie, Mark A. Cohen 2018 University of Nevada, Las Vegas

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


Theorizing American Freedom (Review Essay), Anthony O'Rourke 2018 University at Buffalo School of Law

Theorizing American Freedom (Review Essay), Anthony O'Rourke

Anthony O'Rourke

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion ...


El Caso De Relmu Ñamku Como Observatorio Para Valorar Potencialidades, Riesgos Y Desafíos De Juicios Por Jurados Interculturales / The Case Of Relmu Ñamku As An Observatory To Assess The Potentials, Risks, And Challenges Of Intercultural Jury Trials, Carol Harding 2018 SIT Study Abroad

El Caso De Relmu Ñamku Como Observatorio Para Valorar Potencialidades, Riesgos Y Desafíos De Juicios Por Jurados Interculturales / The Case Of Relmu Ñamku As An Observatory To Assess The Potentials, Risks, And Challenges Of Intercultural Jury Trials, Carol Harding

Independent Study Project (ISP) Collection

El sistema de juicios por jurados interculturales en Argentina es el primero de su tipo. Por el momento, el caso de la activista Mapuche Relmu Ñamku es el único caso que ha cumplido con el criterio de un jurado intercultural. En esta investigación, por medio de entrevistas con abogados, antropólogas, y activistas, valoré las diferentes perspectivas sobre las potencialidades, riesgos, y desafíos del sistema, usando el caso de Relmu como un observatorio. El marco teórico del sistema legal adversarial y el de jurados representativos proporcionan un estándar para el supuesto propósito y los límites del sistema. Además, la teoría de ...


Gatekeeping Decriminalization Of Prostitution: The Ubiquitous Influence Of The New Zealand Prostitutes' Collective, Janice G. Raymond 2018 University of Massachusetts, Amherst

Gatekeeping Decriminalization Of Prostitution: The Ubiquitous Influence Of The New Zealand Prostitutes' Collective, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

This article explores the activities of The New Zealand Prostitutes' Collective (NZPC) in promoting decriminalization of prostitution and its role in gatekeeping this legislation. The NZPC has loomed large in the government’s evaluations of the decriminalization legislation known as the Prostitution Reform Act (PRA). It has collected information, partnered on the research team appointed by the Ministry of Justice to conduct the research, and ultimately secured seats as evaluators on the Prostitution Law Review Committee (PLRC) charged with assessing the research and making recommendations. Much of its outsized influence on the research and conclusions of this report is demonstrated ...


Panel Discussion: Author Meets Critic, 2018 Northwestern Pritzker School of Law

Panel Discussion: Author Meets Critic

Northwestern Journal of Law & Social Policy

No abstract provided.


Dworkin's Incomplete Interpretation Of Democracy, Alexander Latham 2018 Swansea University

Dworkin's Incomplete Interpretation Of Democracy, Alexander Latham

Washington University Jurisprudence Review

This essay mounts an immanent critique of Dworkin’s defense of judicial review. Taking Dworkin’s methodology of constructive interpretation as my starting point, I argue that when analyzing the role that political institutions play in democracy, Dworkin fails to take his own method far enough. In particular, he limits his constructive interpretation of democracy to the practice of voting, overlooking the distinctive democratic values implicit within the institutions and practices of legislation by representative assembly. Ironically, given his well-known critique of majoritarian democracy, this failure leads Dworkin to adopt majoritarianism as a starting point when assessing particular institutions. A ...


Arguing With Friends, William Baude, Ryan D. Doerfler 2018 University of Chicago

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship at Penn Law

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...


Petitioning And The Making Of The Administrative State, Maggie Blackhawk 2018 University of Pennsylvania Carey Law School

Petitioning And The Making Of The Administrative State, Maggie Blackhawk

Faculty Scholarship at Penn Law

The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state ...


Freedom And Affordances Of The Net, Christoph B. Graber 2018 Universtity of Zurich, Faculty of Law

Freedom And Affordances Of The Net, Christoph B. Graber

Washington University Jurisprudence Review

This Article is about the relationship between technology and society in fundamental rights theory. So far, the discussion about law and technology has generally been one-directional within the most relevant branches of the social sciences; scholars of the law have been treating technology as a black box when conducting their analyses or developing their theories. In turn, science and technology studies have considered law and regulation as a closed book, which is unsatisfactory as well. Reductionist and compartmentalized theorizing is particularly problematic when it comes to conceiving a fundamental rights theory that is able to cope with challenges of the ...


Internationalizing And Historicizing Hart’S Theory Of Law, Norman P. Ho 2018 Peking University School of Transnational Law

Internationalizing And Historicizing Hart’S Theory Of Law, Norman P. Ho

Washington University Jurisprudence Review

In The Concept of Law – which continues to enjoy the central position in the field of analytical jurisprudence five decades after its initial publication – H.L.A. Hart makes two powerful claims. He argues that his theory of law is universal (in that it can apply to any legal culture) and timeless (in that it can apply to different times in history). Despite the sweeping, bold nature of these claims, neither Hart nor the large body of scholarship that has responded to, criticized, and refined Hart’s model of law over the past few decades has really tested whether Hart ...


High Priorities: Land Use, Marijuana, And Meta-Values, Spenser Owens 2018 Washington University in St. Louis

High Priorities: Land Use, Marijuana, And Meta-Values, Spenser Owens

Washington University Jurisprudence Review

This Note will examine the motivations surrounding the adoption of zoning ordinances pertaining to the production and sale of marijuana through the lens of John Dewey’s theory of valuation. Applying Dewey’s theory to the zoning ordinances of a sampling of state and local governments, I will argue first that the choice of land uses to be regulated and restricted through local zoning ordinances is ultimately referable to values held by the community in which the ordinances are enacted. Second, I will argue that the decisions made on the state level carry more “value” as defined by Dewey’s ...


The Developing Brain: New Directions In Science, Policy, And Law, Susan Frelich Appleton, Deanna M. Barch, Anneliese M. Schaefer 2018 Lemma Barkeloo & Phoebe Couzins Professor of Law, Washington University in St. Louis.

The Developing Brain: New Directions In Science, Policy, And Law, Susan Frelich Appleton, Deanna M. Barch, Anneliese M. Schaefer

Washington University Journal of Law & Policy

No abstract provided.


Agency And Insanity, Stephen P. Garvey 2018 Cornell Law School

Agency And Insanity, Stephen P. Garvey

Buffalo Law Review

This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of ...


A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson 2018 University of Pennsylvania Carey Law School

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

Faculty Scholarship at Penn Law

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible ...


A Critical Analysis Of Humanitarian Intervention As A Source Of Reputational Credibility, Margaux Arntson 2018 Claremont Colleges

A Critical Analysis Of Humanitarian Intervention As A Source Of Reputational Credibility, Margaux Arntson

CMC Senior Theses

Since his election into office, a cloud of uncertainty has surrounded President Trump’s foreign policy ambitions. Much of today’s scholarship concerns its unpredictable nature and scope. President Trump, like previous presidents who have come before him, entered office with very little foreign policy experience. A key feature of his non-principled, fast-alternating foreign policy is that few people know exactly what he is going to propose next in terms of his international strategy. Coupled with this strategy is Trump’s desire for international credibility and a strong reputation. This desire seems fundamentally at odds with his foreign policy strategy ...


. . . And Law?, John Henry Schlegel 2017 University at Buffalo School of Law

. . . 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 of law to dictate the terms of its use and ...


Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy 2017 Cleveland State University

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.


The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke 2017 University at Buffalo School of Law

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Anthony O'Rourke

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number of ...


Structural Overdelegation In Criminal Procedure, Anthony O'Rourke 2017 University at Buffalo School of Law

Structural Overdelegation In Criminal Procedure, Anthony O'Rourke

Anthony O'Rourke

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making. Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result ...


Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger 2017 University at Buffalo School of Law

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Errol Meidinger

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding ...


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