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Now showing items 11-15 of 15
Structural Laws and the Puzzle of Regulating Behavior
(Northwestern University Law Review, 2006)
This Article offers a new way of thinking about over criminalization. It argues that in regulating behavior, legislatures have relied excessively on statutory prohibitions and ex post enforcement by police and prosecutors. ...
A Practical Solution to the Reference Class Problem
(Columbia Law Review, 2009)
The "reference class problem" is a serious challenge to the use of statistical evidence that arguably arises every day in wide variety of cases, including toxic torts, property valuation, and even drug smuggling. At its ...
Law, Statistics, and the Reference Class Problem
(Columbia Law Review, 2009)
Statistical data are powerful, if not crucial, pieces of evidence in the courtroom. Whether one is trying to demonstrate the rarity of a DNA profile, estimate the value of damaged property, or determine the likelihood that ...
Should Judges Do Independent Research on Scientific Issues?
(Judicature, 2006)
Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...
Independent Judicial Research
(Duke Law Journal, 2007)
The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored ...