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Law and the Emotions : The Problems of Affective Forecasting

Blumenthal, Jeremy A. - 2004

Legal scholarship on behavioralism and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. Discussion turns on the "appropriateness" of various emotions...

Persistent link: https://www.econbiz.de/10014073544

COVID-19 and Pretrial Detention

Surprenant, Chris - 2020

Major crises like the ongoing and future one connected to the SARS-CoV-2 virus have a way of exposing current public-policy approaches as being woefully inefficient and insufficient at accomplishing their stated aims. While programs connected to public health and the economy will receive the...

Persistent link: https://www.econbiz.de/10014100152

Empirical methods for the law

Engel, Christoph - 2017

To their credit, empirical legal scholars try to live up to the highest methodological standards from the social sciences. But these standards do not always match the legal research question. This paper focuses on normative legal argument based on empirical evidence. Whether there is a normative...

Persistent link: https://www.econbiz.de/10011645949

Junk Forecasts in the Courtroom? : Assessing the 'S-Curve' Approach to Calculating Damages

Tomlin, Jonathan; Wazzan, C. Paul - 2006

In their role as "gatekeepers," the courts are often faced with the issue of assessing the reliability of complex expert testimony in a variety of disciplines. In the area of finance and economics, two recent federal decisions concluded that the "S-curve" approach, which has been described as a...

Persistent link: https://www.econbiz.de/10014059436

Using machine learning to predict patent lawsuits

Juranek, Steffen; Otneim, Håkon - 2021

We use machine learning methods to predict which patents end up at court using the population of US patents granted between 2002 and 2005. We analyze the role of the different dimensions of an empirical analysis for the performance of the prediction - the number of observations, the number of...

Persistent link: https://www.econbiz.de/10014088204

Emotion, Neuroscience, and Law : A Comment on Darwin and Greene

Mikhail, John - 2012

that lack any obvious basis in individual utility is a useful springboard from which to clarify the role of emotion in … moral judgment. The problem is whether a certain class of moral judgments is “constituted” or “driven by” emotion (Greene … 2008, p. 108) or merely correlated with emotion while being generated by unconscious computations (e.g., Huebner et al …

Persistent link: https://www.econbiz.de/10014186009

Foreign Punitive Damages Decisions and Class Actions in Italy

Quarta, Francesco - 2012

This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...

Persistent link: https://www.econbiz.de/10013098841

The Law of Insider Trading : Legal Theories, Common Defenses, and Best Practices for Ensuring Compliance

Bondi, Bradley J. - 2012

The government's 2011 prosecution of hedge fund manager Raj Rajaratnam and the various investigations into the use of expert networks by hedge funds and other institutional investors have prompted questions about the law of insider trading, permissible methods of gathering information, general...

Persistent link: https://www.econbiz.de/10013108569

Neurobiology and Patenting Thought

Torrance, Andrew W. - 2014

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

Persistent link: https://www.econbiz.de/10013070323

Compensation and Punishment in Tort Law

Quarta, Francesco - 2013

Persistent link: https://www.econbiz.de/10013074576

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