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Lawyers on Trial: Juror Hostility to Defendants in Legal Malpractice Trials
In: Duke Law School Public Law & Legal Theory Series No. 2015-15
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Working paper
Unconventional Approaches to Conflict Resolution: Erikson and Sharp on Nonviolence
In: The journal of conflict resolution: journal of the Peace Science Society (International), Band 19, Heft 4, S. 713-733
ISSN: 1552-8766
We discuss various approaches to nonviolent conflict resolution and specifically the views of Gene Sharp and Erik Erikson as developed in their recent books on the subject. Both authors have in common a concern with the sources of obedience and the processes by which people come to question authority and the use of force. We explore the insights and limits of each approach and suggest aspects that need further clarification in the discussion of nonviolence. Sharp's encyclopedic effort draws together much material and is a valuable source. Erikson develops a set of poetic and telling conclusions from Gandhi's career that provide a deeper sense of how nonviolent campaigns can be waged and what they are all about.
In litigation: do the "haves" still come out ahead?
In: Stanford law and politics
Local News of Civil Litigation: All the Litigation News That's Fit to Print or Broadcast
In: Judicature, Band 96, Heft 1
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Taking and Testing Jurisprudential Regimes Seriously: A Response to Lax and Rader
In: The journal of politics: JOP, Band 72, Heft 2, S. 285-288
ISSN: 1468-2508
Taking and Testing Jurisprudential Regimes Seriously: A Response to Lax and Rader
In: The journal of politics: JOP, Band 72, Heft 2, S. 285-288
ISSN: 0022-3816
Lax and Rader critique our use of the Chow test in our series of articles on jurisprudential regimes on the grounds that individual justices votes are not statistically independent, which constitutes a violation of assumptions underlying the Chow test. In this response we point out that the Chow tests constituted only one part of our analysis; we also conducted a sensitivity analysis to look at the strength of the Chow tests compared to other sequential splits. Most importantly, we required that the observed statistical patterns of change be theoretically consistent with the legal changes made by the regime changing decisions; we note two areas where we did preliminary analyses that produced statistically significant results, but where those results did not make sense in light of the jurisprudence. We repeat both our Chow tests and individual interaction tests taking into account the clustering of observations. Our reanalysis provides support for some, but not all, of our original results. Adapted from the source document.
The Influence of Law in the Supreme Court's Search-and-Seizure Jurisprudence
In: American politics research, Band 33, Heft 1, S. 33-55
ISSN: 1552-3373
In this research note/replication, we apply the construct of jurisprudential regimes as described in our recent article to the jurisprudential area of search and seizure. Given the centrality of this area of Supreme Court decision making in the core studies supporting the attitudinal model, replicating our analysis of the jurisprudential regime construct in this area provides an important test of the concept. Our results produce strong support for the proposition that post-Mapp decision making can be separated into distinct regimes, with a set of important cases decided in 1983-1984 demarcating the regimes. The predictors of decisions in the two periods are consistent with the types of changes one would expect the regime shift to produce. Our findings challenge the attitudinalists'proposition that there is at best negligible statistical evidence that law influences Supreme Court decision making.
Jurisprudential Regimes in Supreme Court Decision Making
In: American political science review, Band 96, Heft 2, S. 305-320
ISSN: 1537-5943
Jurisprudential Regimes in Supreme Court Decision Making
In: American political science review, Band 96, Heft 2, S. 305-320
ISSN: 0003-0554
Government Lawyers: The Federal Legal Bureaucracy and Presidential Politics
In: American political science review, Band 90, Heft 2, S. 422
ISSN: 0003-0554
Presidential Coattails Revisited: Partisanship and Incumbency Effects
In: American journal of political science, Band 23, Heft 3, S. 615
ISSN: 1540-5907
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Working paper
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Private Enforcement of Statutory and Administrative Law in the United States (and Other Common Law Countries)
In: in PROCEDURAL JUSTICE 197-318 (Peter Gottwald & Burkhard Hess, eds. 2014).
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