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THE CASE FOR PAUSING ANY IMMEDIATE EMBRACE OF THE SOCIAL INFLATION ARGUMENT FOR LEGAL SYSTEM REFORMS
In: Journal of Insurance Regulation
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The Unnatural Disaster of Insurance, Underinsurance, and Natural Disasters
In: Connecticut Insurance Law Journal, Forthcoming
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Ashes to Ashes: A Way Home for Climate Change Survivors
In: 63 Ariz. L. Rev. 679 (2021)
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Weighing Democracy and Judicial Legitimacy in Judicial Selection
In: California Western School of Law Research Paper No. 18-4
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Working paper
Truth and Legitimacy (In Courts)
This Article seeks to comprehensively articulate the meaning, role, and importance of truth in courts by drawing upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as United States Supreme Court decisions. It is frequently said that trials are a search for truth. But as insiders to the judicial system know, if this is so, then it is a meaning of truth that differs from what truth means in any other context. And exposing this definitional dissonance, in turn exposes that the legitimacy of the courts rests on an eroding foundation, as courts increasingly are not doing what the community believes courts are doing. This Article argues that when courts do not account for lay perceptions of courts as institutions that primarily value accuracy in decision making, courts jeopardize the legitimacy of courts as public institutions.
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Comparative Jury Procedures: What a Small Island Nation Teaches the United States About Jury Reform
In: 76 La. L. Rev. 447 (2015)
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Truth and Legitimacy (in Courts)
In: Loyola University Chicago Law Journal, Band 48, S. 1-79
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The Myth of How to Interpret the Seventh Amendment Right to a Civil Jury Trial
In: Ohio State Law Journal, Band 53, S. 1005
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Do Diverse Juries Aid or Impede Justice?
In: Wisconsin Law Review, p. 553, 1999
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