Faculty Bibliography
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Twenty years ago, Justice Sandra Day O’Connor wrote, in a draft opinion, that white applicants could not be favored over Asian Americans. Why did she delete those lines—and why did Justice Clarence Thomas adopt them in his own opinion?
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This Viewpoint discusses the legal risks physicians and health care facilities may incur by miscoding a surgical or chemical abortion as a miscarriage to conceal an abortion procedure.
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It gives Trump a compelling reason to persevere in his campaign, and to sow doubt about the criminal process.
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We review experimental research on judicial decision-making with a focus on methodological issues. First, we argue that only experiments with relatively high realism, in particular real judges as study subjects, plausibly generalize to judicial decision-making in the real world. Most experimental evidence shows lay subjects to behave very differently from expert judges in specifically legal tasks. Second, we argue that studying the effects of non-law is not a substitute for studying the effects of law since large unexplained residuals could be attributed to either. Direct experimental studies of the law effect are few and find it to be puzzlingly weak. Third, we review the substantive findings of experiments with judges, distinguishing between studies investigating legal and non-legal factors and paying close attention to the nature of the experimental task.
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The evidence against the former president is powerful, but the jurors aren’t the only ones who will need convincing.
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The long-anticipated charging of the former president shows a Justice Department worthy of its name.
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Os seres humanos geralmente identificam coerência e planejamento, quando nenhum desses elementos sequer existe. Tal situação ocorre nos filmes, na literatura, na história, na economia e na psicanálise – e no Direito Constitucional. No âmbito do cinema, a saga de Star Wars não foi idealizada a priori, a despeito das repetidas afirmações de George Lucas, principal autor da obra; isto agregou à construção da série os componentes de surpresa e improviso - inclusive para o próprio George Lucas. Desta maneira, se é natural que a interpretação assuma um papel penetrante e orientador na imaginação criativa, em forma de manifestação de um novo pensamento, em trabalhos individuais, mais natural ainda é que essa “serendipidade” ocorra em obras de inúmeros autores ao ser escrita ao longo do tempo. A “serendipidade” impõe rigorosas exigências na busca pela coerência na arte, na literatura, na história e no direito. Essa busca leva muitas pessoas a descreverem de forma imprecisa a natureza de seu próprio processo criativo, como George Lucas. A imprecisão surge em resposta à séria necessidade humana de conferir sentido e identificar padrões, o que é um obstáculo significativo para a compreensão e para a reflexão crítica. Independentemente de serem Jedi ou Sith, inúmeros Constitucionalistas se parecem bastante com o autor de Star Wars, quanto à simulação da essência do seu processo criativo.
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No single person has done more to damage Israel’s standing in the world, and especially among so-called progressives, than George Soros.
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The reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, can inspire attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2
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Connie Converse, a folksinger from the 1950s, is sometimes described as “the first singer-songwriter.” Her tale raises enduring questions about opportunity, what is lost and what is found, and the role of serendipity and luck. It also offers lessons about canon formation and reformation. It even has something to say about the foundations of liberalism.
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In the summer of 1985, I had a chance meeting with Marvin Frankel. It would begin a career-long adventure into the world of federal sentencing, a looking-glass world where acquittals lead to punishment, rapes and robberies are not violent crimes, prosecutors gain sentencing power from courts, and numeric algorithms transform common sense punishment concepts into disfigured policies that often drive excessive and deficient sentences; and then, even worse, the system drives a perpetual cycle of further disfigurement. The U.S. Sentencing Commission’s reaction to Frankel’s book, Criminal Sentences: Law Without Order, was an attempt to create a criminal sentencing world with order. And while that idea is without doubt alluring, what resulted from the federal commission’s work was mostly “delusions of precision,” an accounting system of aggravating and mitigating factors that tries to achieve something approaching “perfect justice” but rather twists sensible sentencing concepts into flawed formulas. Frankel envisioned a world not of perfect justice, but of the humble search, “tentatively and with diffidence” for an elusive justice, a search made a little easier with simple and understandable guidelines. As a new federal Sentencing Commission considers the course it will take in crafting federal sentencing policy for the next 50 years, and as we celebrate the 50th anniversary of the publication of Marvin Frankel’s historic book, it’s worth considering Frankel’s vision anew.
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This paper lays a foundation for a new theory of manipulation based on the misprioritization of (truthful) information. Since consumers review only a subset of all available information, firms can harm consumers by prioritizing information that maximizes firms’ profits but has a smaller impact on the utility that consumers stand to gain from the purchase. Moreover, the distortions due to misprioritized information can arise not only from firms’ boastful disclosures but also from the warnings and disclosures mandated by lawmakers. This paper identifies the product and market characteristics that determine the optimal prioritization of information and, correspondingly, the incidence of harm when the wrong information is prioritized for disclosure—either voluntarily by sellers or by legal mandate. It provides a framework for optimal legal intervention.
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The author of a monumental biography of Muhammad Ali uses new material to flesh out the civil rights giant.
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US Constitution gave spending, borrowing powers to Congress to ensure separation of powers.
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Surgical video recording has shown promise in identifying best practices, documenting errors, and establishing an objective record of surgical activities for patient care, education, training, and research. These opportunities have fueled an increasing number of academic studies, commercial enterprises, and proposed legislation to increase the utilization of recording in the operating room. As recording becomes more routine and expands from intracorporeal images to full room video and audio capture, important ethical, legal, and social (ELSI) issues grow in importance and must now be addressed. This is complex due to phenomena inherent in the surgical process. Patients are unaware of what happens once they are anesthetized, and the modern operating room is closed to non-medical observers, making the introduction of surveillance and transparency a significant shift in practice. Further, the multi-subject nature of procedural recordings--depicting both the patient's body and the surgical team's performance--are a novel consideration for medical data protection and ownership policies. Herein we address uncertainties regarding ownership, liability, risk, and privacy, and offer strategies to overcome barriers to routine recording.
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The Hungarian-born billionaire has done more than anyone to turn Americans against Israel.
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Despite an increasing reliance on fully-automated algorithmic decision-making in our day-to-day lives, humans still make consequential decisions. While the existing literature focuses on the bias and fairness of algorithmic recommendations, an overlooked question is whether they improve human decisions. We develop a general statistical methodology for experimentally evaluating the causal impacts of algorithmic recommendations on human decisions. We also examine whether algorithmic recommendations improve the fairness of human decisions and derive the optimal decision rules under various settings. We apply the proposed methodology to the first-ever randomized controlled trial that evaluates the pretrial Public Safety Assessment in the United States criminal justice system. Our analysis of the preliminary data shows that providing the PSA to the judge has little overall impact on the judge’s decisions and subsequent arrestee behaviour.
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