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This Article addresses a range of problems arising from the failure of state courts to analyze the relationship among different forms of judge-made law governing lawyers. Ordinarily, state supreme courts promulgate disciplinary codes and local court rules governing lawyers practicing in their...
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In criminal cases the task of the judge is to transform the uncertainty about the facts into the certainty of the verdict. In this experiment we examine the relationship between evidence of which the strength is known, subjective probability of guilt and verdict for abstract cases. We look at...
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The global trend has been toward the judicialization of social, economic and political issues. Civil law countries, newly established democracies and even authoritarian regimes have now adopted various forms of constitutional review that greatly expand the policy-making capacity of judges. In...
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This article seeks to explore a simple but profound question: how should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a focus on pain and suffering or the cognitive abilities of animals, this article will use the non-comparative...
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We document judicial leniency on defendant birthdays across 5 million decisions. Our results are consistent with reference-dependent social preferences. First, French sentences are 1% fewer and around 5% shorter. Second, U.S. federal judges also round down sentences except when rounding up makes...
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question and decreasing public confidence in both the legislature and the judiciary. Questions are even beginning to arise …
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