Better Angels of Our Nature Unpublished
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Kristen David Adams, Better Angels of Our Nature, (unpublished) (2015)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Better Angels of Our Nature, (unpublished) (2015)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, How to Eat the Elephant in the Legal Academy, 31 Columbia Journal of Gender and the Law 44 (2015)Clicking on the button will copy the full recommended citation.
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Peter J. Henning et al., Mastering Criminal Procedure, Volume 1: The Investigative Stage (2nd ed., Carolina Academic Press, 2015)Clicking on the button will copy the full recommended citation.
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Jason Bent, P-Values, Priors, and Procedure in Antidiscrimination Law, 63 Buff. L. Rev. 85– (2015)Clicking on the button will copy the full recommended citation.
This paper is the second in a series of two papers addressing the influence of priors in antidiscrimination law. The first paper, Hidden Priors, argued that Bayesian probability theory could harmonize two divergent strands of scholarship on the systemic disparate treatment theory of discrimination. This Bayesian approach challenges the conventional use of statistical evidence in systemic discrimination cases. Critically, the Bayesian approach acknowledges the operation of prior information about the likelihood of unlawful discrimination when evaluating statistical evidence. While a handful of scholars have contemplated a transition to a Bayesian antidiscrimination law, there has been no scholarly treatment of the second-order questions raised by the recognition of Bayesian priors. These second-order questions were highlighted at the conclusion of Hidden Priors. They include hard, but not intractable, questions such as: Whose priors matter? How should priors be incorporated into civil litigation procedures? And, what are legitimate sources of priors? The lack of attention to these questions may explain the stubborn refusal of courts, litigants, and employment law scholars to acknowledge the role of priors in systemic discrimination cases. This second article in the series is meant to spur a healthy scholarly discussion of the second-order questions, even if it cannot provide definitive answers to them. This article argues that the procedural devices of our civil litigation system – though imperfect – are actually well-suited to properly allocate responsibility among legislatures, appellate judges, trial judges, and fact-finders for estimating the prior likelihood of discrimination. This article demonstrates that, once acknowledged, priors can be transparently managed by thoughtful implementation of these procedural devices.
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Louis J. Virelli, Administrative Law: Cases and Materials (7th ed., 2015)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman, Editor’s Note, 20 Legal Writing iii (2015)Clicking on the button will copy the full recommended citation.
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Darryl Wilson et al., United States of America, in Employees' Intellectual Property Rights (Sanna Wolk and Kacper Szkalej eds., Wolters Kluwer, 2015)Clicking on the button will copy the full recommended citation.
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Catherine J. Cameron and Lance Long, The Science Behind The Art Of Legal Writing (1st ed., 2015)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, The First Year Legal Writing Course: Praxis Is Pivotal, 28 Second Draft 5 (2015)Clicking on the button will copy the full recommended citation.
This article suggests that the first-year legal writing class is important because it is the primary place where students engage in praxis by exercising judgment about both the means for accomplishing a legal task and the desired ends and enacting their knowledge, skills, and values.
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Kelly Feeley, Mastering Alternative Dispute Resolution (2015) (co-author Professor James A. Sheehan). (2015)Clicking on the button will copy the full recommended citation.