Mapping the Science of Law: a Jurimetrics Analysis Jeyshankar
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Empire, Trade, and the Use of Agents in the 19Th Century: the “Reception” of the Undisclosed Principal Rule in Louisiana Law and Scots Law
Louisiana Law Review Volume 79 Number 4 Summer 2019 Article 6 6-19-2019 Empire, Trade, and the Use of Agents in the 19th Century: The “Reception” of the Undisclosed Principal Rule in Louisiana Law and Scots Law Laura Macgregor Follow this and additional works at: https://digitalcommons.law.lsu.edu/lalrev Part of the Agency Commons, and the Commercial Law Commons Repository Citation Laura Macgregor, Empire, Trade, and the Use of Agents in the 19th Century: The “Reception” of the Undisclosed Principal Rule in Louisiana Law and Scots Law, 79 La. L. Rev. (2019) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol79/iss4/6 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Empire, Trade, and the Use of Agents in the 19th Century: The “Reception” of the Undisclosed Principal Rule in Louisiana Law and Scots Law Laura Macgregor* TABLE OF CONTENTS Introduction .................................................................................. 986 I. The Nature and Economic Benefits of Undisclosed Agency ..................................................................... 992 II. The Concept of a “Mixed Legal System” and Agency Law in Mixed Legal System Scholarship ....................... 997 III. Nature and Historical Development of Scots Law ..................... 1002 A. The Reception of Roman Law ............................................. 1002 B. The Institutional Period and Union with England ............... 1004 C. The Development of Scots Commercial Law ...................... 1006 D. When Did Scots Law Become Mixed in Nature? ................ 1008 IV. Undisclosed and Unidentified Agency in English Law ............ -
Using Epidemiological Evidence in Tort Law: a Practical Guide Aleksandra Kobyasheva
Using epidemiological evidence in tort law: a practical guide Aleksandra Kobyasheva Introduction Epidemiology is the study of disease patterns in populations which seeks to identify and understand causes of disease. By using this data to predict how and when diseases are likely to arise, it aims to prevent the disease and its consequences through public health regulation or the development of medication. But can this data also be used to tell us something about an event that has already occurred? To illustrate, consider a case where a claimant is exposed to a substance due to the defendant’s negligence and subsequently contracts a disease. There is not enough evidence available to satisfy the traditional ‘but-for’ test of causation.1 However, an epidemiological study shows that there is a potential causal link between the substance and the disease. What is, or what should be, the significance of this study? In Sienkiewicz v Greif members of the Supreme Court were sceptical that epidemiological evidence can have a useful role to play in determining questions of causation.2 The issue in that case was a narrow one that did not present the full range of concerns raised by epidemiological evidence, but the court’s general attitude was not unusual. Few English courts have thought seriously about the ways in which epidemiological evidence should be approached or interpreted; in particular, the factors which should be taken into account when applying the ‘balance of probability’ test, or the weight which should be attached to such factors. As a result, this article aims to explore this question from a practical perspective. -
Analysis of Scientific Research on Eyewitness Identification
ANALYSIS OF SCIENTIFIC RESEARCH ON EYEWITNESS IDENTIFICATION January 2018 Patricia A. Riley U.S. Attorney’s Office, DC Table of Contents RESEARCH DOES NOT PROVIDE A FIRM FOUNDATION FOR JURY INSTRUCTIONS OF THE TYPE ADOPTED BY SOME COURTS OR, IN SOME INSTANCES, FOR EXPERT TESTIMONY ...................................................... 6 RESEARCH DOES NOT PROVIDE A FIRM FOUNDATION FOR JURY INSTRUCTIONS OF THE TYPE ADOPTED BY SOME COURTS AND, IN SOME INSTANCES, FOR EXPERT TESTIMONY .................................................... 8 Introduction ............................................................................................................................................. 8 Courts should not comment on the evidence or take judicial notice of contested facts ................... 11 Jury Instructions based on flawed or outdated research should not be given .................................. 12 AN OVERVIEW OF THE RESEARCH ON EYEWITNESS IDENTIFICATION OF STRANGERS, NEW AND OLD .... 16 Important Points .................................................................................................................................... 16 System Variables .................................................................................................................................... 16 Simultaneous versus sequential presentation ................................................................................... 16 Double blind, blind, blinded administration (unless impracticable ................................................... -
Probability, Explanation, and Inference: a Reply
Alabama Law Scholarly Commons Working Papers Faculty Scholarship 3-2-2017 Probability, Explanation, and Inference: A Reply Michael S. Pardo University of Alabama - School of Law, [email protected] Ronald J. Allen Northwestern University - Pritzker School of Law, [email protected] Follow this and additional works at: https://scholarship.law.ua.edu/fac_working_papers Recommended Citation Michael S. Pardo & Ronald J. Allen, Probability, Explanation, and Inference: A Reply, (2017). Available at: https://scholarship.law.ua.edu/fac_working_papers/4 This Working Paper is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Working Papers by an authorized administrator of Alabama Law Scholarly Commons. Probability, Explanation, and Inference: A Reply Ronald J. Allen Michael S. Pardo 11 INTERNATIONAL JOURNAL OF EVIDENCE AND PROOF 307 (2007) This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=2925866 Electronic copy available at: https://ssrn.com/abstract=2925866 PROBABILITY, EXPLANATION AND INFERENCE: A REPLY Probability, explanation and inference: a reply By Ronald J. Allen* and Wigmore Professor of Law, Northwestern University; Fellow, Procedural Law Research Center, China Political Science and Law University Michael S. Pardo† Assistant Professor, University of Alabama School of Law he inferences drawn from legal evidence may be understood in both probabilistic and explanatory terms. Consider evidence that a criminal T defendant confessed while in police custody. To evaluate the strength of this evidence in supporting the conclusion that the defendant is guilty, one could try to assess the probability that guilty and innocent persons confess while in police custody. -
SAMPLE Content Directory
SAMPLE Nearly 1,300 Journals Content Directory Participating! http://heinonline.org Please Note: This is a list of ALL content available in our two main library modules through the HeinOnline interface. Due to the various subscription packages available, access to this content may vary. TABLE OF CONTENTS: Law Journal Library ..................................................................................................................................... pp. 1-25 Legal Classics Library................................................................................................................................. pp. 26-56 LAW JOURNAL LIBRARY VOLUMES YEARS Acta Juridica 1958-2003 1958-2003 Acta Universitatis Lucian Blaga 2001-2005 2001-2005 Adelaide Law Review 1-24 1960-2003 Administrative Law Journal of the American University† 1-10 1987-1996 Administrative Law Review (ABA) 1-57 1949-2005 Advocate: A Weekly Law Journal† 1-2 1888-1890 African Human Rights Law Journal 1-3 2001-2003 African Journal of Legal Studies 1 2004-2005 Air Force Law Review 1-58 1959-2006 Air Law Review † 1-12 1930-1941 Akron Law Review 1-38 1967-2005 Akron Tax Journal 1-21 1983-2006 Alabama Law Journal (Birmingham) † 1-5 1925-1930 Alabama Law Journal (Montgomery) † 1-4 1882-1885 Alabama Law Review *JUST UPDATED* 1-57 1948-2006 Alaska Law Review 1-22 1984-2005 Albany Law Environmental Outlook Journal 1-10 1995-2005 Albany Law Journal † 1-70 1870-1909 Albany Law Journal of Science and Technology 1-15 1991-2005 Albany Law Review 1-69 1931-2006 Alberta Law Quarterly -
Patents & Legal Expenditures
Patents & Legal Expenditures Christopher J. Ryan, Jr. & Brian L. Frye* I. INTRODUCTION ................................................................................................ 577 A. A Brief History of University Patents ................................................. 578 B. The Origin of University Patents ........................................................ 578 C. University Patenting as a Function of Patent Policy Incentives ........ 580 D. The Business of University Patenting and Technology Transfer ....... 581 E. Trends in Patent Litigation ................................................................. 584 II. DATA AND ANALYSIS .................................................................................... 588 III. CONCLUSION ................................................................................................. 591 I. INTRODUCTION Universities are engines of innovation. To encourage further innovation, the federal government and charitable foundations give universities grants in order to enable university researchers to produce the inventions and discoveries that will continue to fuel our knowledge economy. Among other things, the Bayh-Dole Act of 1980 was supposed to encourage additional innovation by enabling universities to patent inventions and discoveries produced using federal funds and to license those patents to private companies, rather than turning their patent rights over to the government. The Bayh-Dole Act unquestionably encouraged universities to patent inventions and license their patents. -
Jurimetrics--The Exn T Step Forward Lee Loevinger
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1949 Jurimetrics--The exN t Step Forward Lee Loevinger Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Loevinger, Lee, "Jurimetrics--The exN t Step Forward" (1949). Minnesota Law Review. 1796. https://scholarship.law.umn.edu/mlr/1796 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUME 33 APRIL, 1949 No. 5 JURIMETRICS The Next Step Forward LEE LOEVINGER* T IS ONE of the greatest anomalies of modem tames that the law, which exists as a public guide to conduct, has become such a recondite mystery that it is incomprehensible to the pub- lic and scarcely intelligible to its own votaries. The rules which are supposed to be the guides to action of men living in society have become the secret cult of a group of priestly professionals. The mystic ritual of this cult is announced to the public, if at all, only in a bewildering jargon. Daily the law becomes more complex, citizens become more confused, and society becomes less cohesive. Of course, people do not respect that which they can neither understand nor see in effective operation. So the lawmongers bemoan the lack of respect for law. Now the lawyers are even bewailing the lack of respect for lawyers. -
Problems with the Use of Computers for Selecting Jury Panels Author(S): George Marsaglia Source: Jurimetrics, Vol
Problems with the Use of Computers for Selecting Jury Panels Author(s): George Marsaglia Source: Jurimetrics, Vol. 41, No. 4 (SUMMER 2001), pp. 425-427 Published by: American Bar Association Stable URL: http://www.jstor.org/stable/29762720 Accessed: 02-06-2017 15:03 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to Jurimetrics This content downloaded from 128.118.10.59 on Fri, 02 Jun 2017 15:03:30 UTC All use subject to http://about.jstor.org/terms Problems with the Use of Computers for Selecting Jury Panels The idea of random selection?choosing by lot?is rooted in history and law. In Ancient Greece, pieces of wood, "lots," each bearing the mark of a competitor, were placed in a helmet and drawn to determine choice battle assignments, division of plunder, and the like. A provision of Lex Pompeia Provinciea required that governors of Roman provinces be chosen by lot from eligible ex consuls. Grafton reports that choice of exiles from Germany was made by "a maner & sort of a Lot sundrie times used in the sayde lande."1 According to Plato, "[t]he ancients knew that election by lot was the most democratic of all modes of appointment."2 The tradition of choosing by lot continues, but the difficulty of collecting thousands of lots in a large "helmet" makes the task more readily suited to computer automation. -
To Read the Full Client Alert Arbitration Update: a Brief Summary of Recent
Litigation & Arbitration Group Client Alert Arbitration Update: A Brief Summary of Recent Developments in 2020 10 July 2020 Key Contacts Tom Canning Peter Edworthy Vasiliki Katsarou Michael Bingham Partner Associate Associate Associate +44 20.7615.3047 +44 20.7615.3070 +44 20.7615.3282 +44 20.7615.3149 [email protected] [email protected] [email protected] [email protected] In this round-up of recent developments in the London arbitration market during the first half of 2020, we highlight key decisions of the English Court of Appeal in relation to (i) determining the governing law of arbitration agreements and (ii) the extent to which the English courts can make orders against non-parties to arbitration agreements. We also summarise some of the most notable cases (and recently published court statistics) relating to challenges to awards and enforcement proceedings. Finally, we look at some recent developments in the investment treaty arbitration market, including the agreement between EU Member States to terminate intra-EU bilateral investment treaties. Governing law of arbitration agreements There have been two significant Court of Appeal decisions this year, and we await a Supreme Court appeal in relation to one of those decisions, that will hopefully provide some welcome clarity on the English courts’ approach to determining the governing law of an arbitration agreement. First, in January 2020, the Court of Appeal issued its judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait),1 in which it emphasised the primacy -
Teaching Statistics to Law Students
ICOTS 5, 1998: Michael Finkelstein TEACHING STATISTICS TO LAW STUDENTS Michael O. Finkelstein, Columbia Law School, USA There is a growing need in the legal community for statistical education. More and better materials would be welcome. Education should begin at least at the law school level, with examples drawn from the law. The methods of the author’s law school class, concluding with a mock trial in which statisticians serve as witnesses, are described. The teaching moral is: tie statistical learning to real law issues. And to persuade laymen: keep it simple. Statistics has become an increasingly important part of the legal universe. In litigation, statistical proof appears in a wide variety of cases. Statistics are also used routinely by legal scholars in appraisals of the legal system. There is even a journal called Jurimetrics published by the American Bar Association that is devoted (but not exclusively) to the subject. A few years ago the United States Supreme Court in the Daubert case held that federal district judges must evaluate proffered scientific testimony and rule out mere personal opinion parading as science. Since most judges don’t know any science, this provoked some judicial anxiety. The Federal Judicial Center responded by setting up courses for judges in scientific evidence--most of it involving statistics--and producing a Reference Manual on Scientific Evidence, which prominently features statistics. The Center gave away the Reference Manual to all federal judges and then commercial publishers sold an astonishing 70,000 copies to lawyers. A new edition will appear shortly. I have read the Reference Manual and moderated several of the teaching sessions for judges. -
Speaking for the Dead: Voice in Last Wills and Testaments Karen J
St. John's Law Review Volume 85 Article 12 Issue 2 Volume 85, Spring 2011, Number 2 April 2014 Speaking for the Dead: Voice in Last Wills and Testaments Karen J. Sneddon Follow this and additional works at: http://scholarship.law.stjohns.edu/lawreview Recommended Citation Sneddon, Karen J. (2014) "Speaking for the Dead: Voice in Last Wills and Testaments," St. John's Law Review: Vol. 85: Iss. 2, Article 12. Available at: http://scholarship.law.stjohns.edu/lawreview/vol85/iss2/12 This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized administrator of St. John's Law Scholarship Repository. For more information, please contact [email protected]. ARTICLE SPEAKING FOR THE DEAD: VOICE IN LAST WILLS AND TESTAMENTS KARENJ. SNEDDONt INTRODUCTION ................................. ..... 684 I. FUNCTION OF WILLS ........................... .......685 II. VOICE ..................................... ...... 689 A. Term Defined. ...................... ....... 689 B. Applicability of Voice to Wills ............ ..... 696 C. Pitfalls.......................... ........ 708 D. Benefits ............................ ..... 720 III. VOICE IN WILLS ........................... ..... 728 A. Voice in Non-Attorney Drafted Wills ...... ...... 728 1. Nuncupative Wills ................. ...... 729 2. Ethical Wills...... ................. 729 3. Holographic Wills .................. ..... 732 4. Commercial Fill-in-the-Blank Forms and -
RDO 44.2 Int.Indd
311 Revisiting the Self-Authorizing Agent BRIAN M STUDNIBERG* This article considers the concept of a “self-authorizing” Dans cet article, on examine le concept d’agent « auto- agent given modern forms of commercial dealings, autorisé » dans le cadre des formes modernes de particularly those involving projects characterized by tran sactions commerciales, particulièrement celles extensive functional specialization. The article begins qui ont trait à des projets caractérisés par une vaste 2013 CanLIIDocs 155 by reviewing Canadian Laboratory Supplies and, more spécialisation fonctionnelle. Dans cet article, l’auteur specifi cally, Chief Justice Laskin’s dissenting opinion at commence par examiner l’arrêt Canadian Laboratory the Supreme Court as the starting point for revisiting Supplies et, en particulier, l’opinion dissidente du juge the self-authorization question in Canadian agency law. en chef Laskin à la Cour suprême à l’époque, comme The article then considers two recent cases decided point de départ pour revisiter la question de l’auto- at the Federal Court of Appeal before extending their autorisation dans le droit de la représentation au facts to contemplate a hypothetical (but perhaps not Canada. L’article se penche ensuite sur deux arrêts far-fetched) illustration of how the problem might que la Cour d’appel fédérale a récemment jugés avant arise in a contemporary setting involving public infra- de les appliquer à leurs faits pour fi nalement aboutir structure procurement. With this scenario in mind, à une illustration hypothétique (sans pour autant être the case law on apparent and implied authority is exa- utopique) de la manière dont le problème pourrait mined with reference to the prospect of agent self- surgir dans un cadre contemporain impliquant des authorization.