The Law's Flaws

The Law's Flaws PDF Author: Larry Laudan
Publisher:
ISBN: 9781848901995
Category : Law
Languages : en
Pages : 228

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Book Description
This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.

The Law's Flaws

The Law's Flaws PDF Author: Larry Laudan
Publisher:
ISBN: 9781848901995
Category : Law
Languages : en
Pages : 228

Get Book Here

Book Description
This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.

33 Common LSAT Flaws

33 Common LSAT Flaws PDF Author: Mehran Ebadolahi
Publisher:
ISBN:
Category :
Languages : en
Pages : 382

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Book Description
Written by the Harvard Law School Alumni who created LSATMax, the #1-ranked LSAT app (search "LSATMax" in the Apple App Store and/or Google Play Store), 33 Common LSAT Flaws is an LSAT prep book specifically designed to help students master one of the most important, and most challenging, Logical Reasoning concepts: identifying specific flaws within arguments. This study guide is simple, thorough, and highly effective in boosting learners' LSAT scores. Understanding flaws and logical fallacies won't just help test-takers answer Error in Reasoning (Flaw) questions. The secret of the LSAT is . . . it's all about flawed arguments. Whether Strengthening, Weakening, or looking for a Sufficient Assumption, throughout the Logical Reasoning section, students are expected to identify logical flaws and understand how they function within arguments. The good news is, there are a limited number of logical fallacies that show up over and over again on the LSAT. 33 of them, to be precise, falling within just 12 Flaw Families. Any student sufficiently dedicated to raising their score can learn to identify all 33. 33 Common LSAT Flaws includes . . . (1) Concise and actionable introductions to all 12 families of LSAT fallacies (2) How to identify all 33 common LSAT flaws (3) Real examples from the LSAT of each common flaw (4) Thorough explanations for each sample Logical Reasoning question written by our 99th percentile instructors that identify (1) the question type, whether the stimulus is an (2) argument or set of facts and whether the argument is (3) valid or flawed, provide a (4) summary of the stimulus and (5) strategy overview, (6) anticipate the correct answer, (7) explain the correct and incorrect answer choices and provide a (8) key takeaway that you can apply to future Logical Reasoning questions. Please note, however, that the LSAT is no longer a paper/pencil exam in North America. Now, every LSAT in North America (United States & Canada) is administered digitally on a Microsoft Surface Go Tablet. Tablets will be provided to test takers at the test center. On the digital LSAT, both the content and the structure of the test sections and the questions will be the same as the paper-and-pencil LSAT. But in addition, the digital LSAT will include new features such as a timer with a five-minute warning, highlighting, and flagging to keep track of questions that you may want to revisit in a section. While this is undoubtedly the biggest change in history of the LSAT, tablet-based digital LSATs are nothing new for LSATMax. We are the pioneers of mobile LSAT prep and we have been offering full-length, officially licensed LSATs on both iPads and Android tablets since 2012. So you can rest assured that our 5-star rated app will allow you to simulate the new tablet-based digital LSAT experience to a t. All LSATMax's instructors and private LSAT tutors were not naturals but were able to score in the 99th percentile (172+) on an officially administered LSAT. A couple of them have even scored a perfect 180 score. Here are some LSATMax student success stories: "The tutorials from LSATMax helped me get my 99th percentile score! I would watch the explanatory videos while riding the bus and found them engaging enough to keep my attention, allowing me to work on drills when I was at home. It was great to have the videos at my fingertips at all times so that I could study any time I had a moment." - Anita Yandle (Student at Columbia Law School)

The Failure of Corporate Law

The Failure of Corporate Law PDF Author: Kent Greenfield
Publisher: ReadHowYouWant.com
ISBN: 1459606167
Category : Law
Languages : en
Pages : 562

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Book Description
When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Struggling for Air

Struggling for Air PDF Author: Richard L. Revesz
Publisher: Oxford University Press
ISBN: 0190233117
Category : Business & Economics
Languages : en
Pages : 233

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Book Description
Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.

The Flaw of Averages

The Flaw of Averages PDF Author: Sam L. Savage
Publisher: John Wiley & Sons
ISBN: 1118373588
Category : Business & Economics
Languages : en
Pages : 423

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Book Description
A must-read for anyone who makes business decisions that have a major financial impact. As the recent collapse on Wall Street shows, we are often ill-equipped to deal with uncertainty and risk. Yet every day we base our personal and business plans on uncertainties, whether they be next month’s sales, next year’s costs, or tomorrow’s stock price. In The Flaw of Averages, Sam Savageknown for his creative exposition of difficult subjects describes common avoidable mistakes in assessing risk in the face of uncertainty. Along the way, he shows why plans based on average assumptions are wrong, on average, in areas as diverse as healthcare, accounting, the War on Terror, and climate change. In his chapter on Sex and the Central Limit Theorem, he bravely grasps the literary third rail of gender differences. Instead of statistical jargon, Savage presents complex concepts in plain English. In addition, a tightly integrated web site contains numerous animations and simulations to further connect the seat of the reader’s intellect to the seat of their pants. The Flaw of Averages typically results when someone plugs a single number into a spreadsheet to represent an uncertain future quantity. Savage finishes the book with a discussion of the emerging field of Probability Management, which cures this problem though a new technology that can pack thousands of numbers into a single spreadsheet cell. Praise for The Flaw of Averages “Statistical uncertainties are pervasive in decisions we make every day in business, government, and our personal lives. Sam Savage’s lively and engaging book gives any interested reader the insight and the tools to deal effectively with those uncertainties. I highly recommend The Flaw of Averages.” —William J. Perry, Former U.S. Secretary of Defense “Enterprise analysis under uncertainty has long been an academic ideal. . . . In this profound and entertaining book, Professor Savage shows how to make all this practical, practicable, and comprehensible.” —Harry Markowitz, Nobel Laureate in Economics

The Common Flaw

The Common Flaw PDF Author: Thomas G. Moukawsher
Publisher: Brandeis University Press
ISBN: 1684581648
Category : Law
Languages : en
Pages : 285

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Book Description
"The American lawsuit is riddled with needless complexity. This book proposes fifty changes-that decide cases promptly-more on the facts than the law-more for the parties than the lawyers-more for the consequences to the people and the public-and in words we can all understand"--

Fatal Flaws

Fatal Flaws PDF Author: Jay Ingram
Publisher: Yale University Press
ISBN: 0300189893
Category : Medical
Languages : en
Pages : 294

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Book Description
DIVThe story of the revolutionary science that is unraveling the mysteries of mad cow and other fatal brain diseases/div

Autopsy of a Crime Lab

Autopsy of a Crime Lab PDF Author: Brandon L. Garrett
Publisher: Univ of California Press
ISBN: 0520976630
Category : Law
Languages : en
Pages : 261

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Book Description
This book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions. "That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." The FBI was wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percent certainty about a fingerprint, when there is no such thing as a 100 percent match? Where is the quality control at the crime scenes and in the laboratories? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods? Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.

Noise

Noise PDF Author: Daniel Kahneman
Publisher: Little, Brown
ISBN: 031645138X
Category : Business & Economics
Languages : en
Pages : 429

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Book Description
From the Nobel Prize-winning author of Thinking, Fast and Slow and the coauthor of Nudge, a revolutionary exploration of why people make bad judgments and how to make better ones—"a tour de force” (New York Times). Imagine that two doctors in the same city give different diagnoses to identical patients—or that two judges in the same courthouse give markedly different sentences to people who have committed the same crime. Suppose that different interviewers at the same firm make different decisions about indistinguishable job applicants—or that when a company is handling customer complaints, the resolution depends on who happens to answer the phone. Now imagine that the same doctor, the same judge, the same interviewer, or the same customer service agent makes different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday. These are examples of noise: variability in judgments that should be identical. In Noise, Daniel Kahneman, Olivier Sibony, and Cass R. Sunstein show the detrimental effects of noise in many fields, including medicine, law, economic forecasting, forensic science, bail, child protection, strategy, performance reviews, and personnel selection. Wherever there is judgment, there is noise. Yet, most of the time, individuals and organizations alike are unaware of it. They neglect noise. With a few simple remedies, people can reduce both noise and bias, and so make far better decisions. Packed with original ideas, and offering the same kinds of research-based insights that made Thinking, Fast and Slow and Nudge groundbreaking New York Times bestsellers, Noise explains how and why humans are so susceptible to noise in judgment—and what we can do about it.

Fatal Flaws of The Most Correct Book On Earth

Fatal Flaws of The Most Correct Book On Earth PDF Author: Claude Heater
Publisher: Xulon Press
ISBN: 1602664943
Category : Religion
Languages : en
Pages : 382

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Book Description
Born in Oakland, California in 1927 the author received his High School education in California before joining the Marines at 17 before the end of WW 2. While pursuing vocal studies in Los Angeles he accepted an LDS Mission starting in Buffalo, NY. Finding many inconsistencies among missionaries he concluded to get his own witness. With 3 days of fasting and prayer he read the BOM relying on Moroni's promise of asking God to reveal the truth of the BOM. Positive confirmation never came. The Mission President advised him to complete his mission saying he needn't teach anything he didn't believe. A missionary chorus was formed and the choice made to tour his final months as soloist with the Utah Centennial Chorus. After his mission he appeared in a Broadway Musical. He left for Milan, Italy in 1952 meeting his future wife on the ship. After his operatic debut in Spain, successful engagements followed that soon led to Berlin and a three year contract at the Vienna State Opera. While singing in Rome a screen test led to Director William Wyler choosing Claude for the role of Jesus in the Academy Award film 'Ben Hur'. After the 'Ben Hur' experience Claude made another BOM attempt with a 3 day fast/prayer at the Holy Trinity chapel of St. Catherine Monastery at Mount Sinai, Egypt. As Dramatic Tenor he sang opposite such sopranos as Birgit Nilsson, Renata Tabaldi, Joan Southerland; as Tristan, Otello, Siegfried, Parsifal etc; at Bayreuth, La Scala and most major European opera houses. After retiring, he attended his local Ward with family, becoming counselor in the Sunday school until he felt enough was enough. Conducting a Testimony meeting he bore his lack of testimony publicly asking for excommunication as the only way to remove oneself from church rolls.