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Author: Kenneth R. Foster
Publisher: MIT Press
ISBN: 9780262561204
Category : Law
Languages : en
Pages : 356
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Book Description
Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.
Author: Kenneth R. Foster
Publisher: MIT Press
ISBN: 9780262561204
Category : Law
Languages : en
Pages : 356
Get Book Here
Book Description
Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.
Author: Virginia A. Hettinger
Publisher: University of Virginia Press
ISBN: 9780813926971
Category : Law
Languages : en
Pages : 172
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Book Description
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Author: James L. Gibson
Publisher: Russell Sage Foundation
ISBN: 161044907X
Category : Political Science
Languages : en
Pages : 379
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Book Description
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Author: Colin Wastell
Publisher: SAGE
ISBN: 1529776155
Category : Psychology
Languages : en
Pages : 428
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Book Description
Wastell & Howarth’s text clearly, accessibly and comprehensibly introduces the core theories of Thinking, leaving no stone unturned, students will receive an in-depth coverage of the theoretical side of this subject area before the authors delve into a more practical understanding of the topic.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 9780674022102
Category : Law
Languages : en
Pages : 356
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Book Description
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Author: Anthony D. Fredericks
Publisher: Good Year Books
ISBN: 1596470291
Category : Education
Languages : en
Pages : 128
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Book Description
Educational resource for teachers, parents and kids!
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184653
Category : Law
Languages : en
Pages : 423
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Book Description
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Author: Julianne Blair Bochinski
Publisher: John Wiley & Sons
ISBN: 9780471694151
Category : Juvenile Nonfiction
Languages : en
Pages : 144
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Book Description
Your personal coach and game plan for creating a unique andaward-winning science fair project Developing a science fair project from the ground up can be adaunting task--and today's science fairs are more competitive thanever before. The Complete Workbook for Science Fair Projects takesyou step by step through the entire process of brainstorming,finding, completing, and submitting an award-winning science fairproject of your very own. The special features of this easy-to-use, interactive workbookinclude:Complete instructions and fun, meaningful exercises to helpyou develop a science fair project idea from scratchExpert adviceon choosing and researching a topic, finding a mentor, conductingan experiment, analyzing your findings, putting together a winningdisplay, and much moreInspiring stories of real projects that showhow students solved particular problems This ingenious guide also helps you prepare to deliver a top-notchoral presentation and answer questions from science fair judges.Plus, you'll find sample project journal worksheets, a handy listof scientific supply companies, and lots of space to record yourthoughts and ideas as you work on your project. Today's exciting world of science fairs and contests offers manygreat opportunities. With The Complete Workbook for Science FairProjects, you'll learn to think like a scientist and create a moreeffective, impressive science fair project--opening the door for anamazing science journey!
Author: Edmund Husserl
Publisher: Springer Nature
ISBN: 3030145298
Category : Philosophy
Languages : en
Pages : 478
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Book Description
The stated subject of these lecture courses given by Husserlbetween 1910 and 1918is ‘reason, the word for the mental activities and accomplishments that govern knowledge, give it form and supply it with norms.’ They show their author still pursuing the course set out in the Logical Investigations up to the end of the second decade of the century and displaying utter consistency with stands that he began taking on meaning, analyticity, Platonism, manifolds, mathematics, psychologism, etc. in the 1890s. Thus, they undermine many idées reçues about the development of his thought. The centerpiece of this work is an exploration of the realm of meaning. Moreover, they add new dimensions to standard discussions by taking readers back to the place where phenomenology and analytic philosophy diverged. They show that Husserl tangled long and hard with the very ideas that went into the making of the latter and offer a wealth of interesting insights into sense and meaning, theory of judgment, complete and incomplete meanings, states of affairs, extensional logic, the relationship between logic and mathematics, functions and arguments, propositional functions, quantification, existential generalization, the word ‘all,’ number theory, sets, modality, deductive theory, ideas that are still under discussion today. Prepared for oral delivery in the classroom, they are refreshingly lively and spontaneous. They are clearer, more explicit, and readable than the books Husserl published during his lifetime.
Author: Jason E. Whitehead
Publisher:
ISBN: 9781602585256
Category : Judges
Languages : en
Pages : 0
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Book Description
The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.
