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Surprise vs. Probability as a Metric for Proof
(Seton Hall Law Review, 2018)
In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More
specifically, ...
The Idea of "The Criminal Justice System"
(American Journal of Criminal Law, 2018)
The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
Principles of Risk Assessment
(Ohio State Journal of Criminal Law, 2018)
Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
Legal Strategies for Economic Empowerment of Persons in Recovery
(West Virginia Law Review, 2018)
Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
A Systematic Literature Review of Individuals' Perspectives on Privacy and Genetic Information in the United States
(PLOS One, 2018)
Concerns about genetic privacy affect individuals' willingness to accept genetic testing in clinical care and to participate in genomics research. To learn what is already known about these views, we conducted a systematic ...
The Future of the Federal Common Law of Foreign Relations
(Georgetown Law Journal, 2018)
The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges ...
Taking Antitrust Away from the Courts
(Great Democracy Initiative, 2018)
A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust ...
Keynote: Motivating Private Climate Governance
(Arkansas Law Review, 2018)
In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: ...
Explicit Bias
(Northwestern University Law Review, 2018)
In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality ...
The Idea of the Criminal Justice System
(American Journal of Criminal Law, 2018)
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...