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Ambiguity-aversion is a person's rational attitude towards the indeterminacy of the probability that attaches to his future prospects, both favorable and unfavorable. An ambiguity-averse person increases the probability of the unfavorable prospect, which is what criminal defendants typically do...
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While blogs or Wikis undoubtedly have an important, expressive place in legal discourse, these short-form outlets leave the demand for timely, interactive legal discourse unfulfilled. Printed law journals and online repositories like SSRN or Berkeley Electronic Press cannot address these needs...
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This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...
Persistent link: https://www.econbiz.de/10012750370
The contribution is based on an earlier article, 'Reshaping Commonwealth Caribbean Jurisprudence: From Pratt and Morgan to Joseph and Boyce' (2007) 32 (2) West Indian Law Journal (forthcoming). That article traces the continuity between the Privy Council decision in Pratt and Another v the AG...
Persistent link: https://www.econbiz.de/10012721099
The text of the Constitution nowhere mentions God; the document is, as some scholars put it, quot;godless.quot; What is the significance of that silence? This brief essay, written for a discussion conference on religion, multiculturalism, and citizenship, considers and criticizes two possible...
Persistent link: https://www.econbiz.de/10012724733
The presence of Mexican law - as the applicable foreign law - continues to grow considerably in American courts. This phenomenon is significant in California and the southwestern states, as well as in Illinois, New York and Washington, D.C. It is unquestionable that deciding cases based on...
Persistent link: https://www.econbiz.de/10012725812
a theory of law and morality that is based on a picture of quot;personsquot; using practical reason to pursue certain … three difficulties (or so they seem to me) in Finnis's natural law theory - difficulties in accounting for the basic good of …
Persistent link: https://www.econbiz.de/10012776145
Ten years down the road, what is the enduring significance of the quot;assisted suicidequot; cases, Washington v. Glucksberg and Vacco v. Quill? The cases reflect an unusually earnest, but nonetheless unsuccessful, attempt by the Supreme Court to grapple with a profound moral issue. So, why was...
Persistent link: https://www.econbiz.de/10012776181