Wednesday, October 17, 2012

Clermont on Aggregation of Claims and Illogic

Kevin Clermont (Cornell) has posted Aggregation of Claims and Illogic to SSRN.

Classical logic and probability theory produce in law the troublesome paradox of aggregation: On the one hand, logic seems to tell us that the aggregated likelihood of alternative claims elevates in response to probability’s rules; thus, if the plaintiff almost proves claim A and almost proves an alternative but independent claim B, then the plaintiff should win one. On the other hand, because the law requires each claim to meet the standard of proof, and thus refuses to apply the proof standard to the aggregation, the plaintiff loses in actuality; legal scholars despair in consequence — including Ariel Porat and Eric Posner in their new article Aggregation and Law.

Fuzzy logic, however, eradicates the aggregation paradox, by showing that the theories’ aggregated likelihood equals the most likely theory’s likelihood. The law is correct in applying this approach.


October 17, 2012 in Recent Scholarship | Permalink | Comments (0)

Tuesday, October 16, 2012

Judicature: Invitation to Submit Manuscripts

Judicature, a peer-reviewed journal published by the American Judicature Society, is seeking submissions. If you’re not familiar with Judicature, the articles tend to be shorter than typical law review fare: 4,000–5,000 words (not including footnotes). More information from the Invitation to Submit is below:

Judicature, a peer-reviewed journal, strives to present the best scholarship and commentary on the administration of justice, both civil and criminal, and judicial politics, broadly speaking.

Judicature publishes work from across the social sciences, as well as scholarship and commentary from attorneys, judges, and research organizations. While the journal focuses primarily on the administration of justice in the United States—manuscripts that are global or international in scope, as well as work that is national, local, or examines connections between these levels are welcome. The content of the journal is not subject to restrictions based upon the policy positions of the American Judicature Society.

Judicature is interdisciplinary in focus.

The editor is open to a wide range of analytic approaches including interpretive, historical, quantitative, and multi-method analyses, among others. Applied research on the administration of justice is particularly suited for publication in JudicatureJudicature also welcomes shorter pieces adapted from works larger in scope.  The readership includes practitioners as well as scholars; contributors should keep this broad audience in mind when crafting their manuscripts for the journal.

Judicature is indexed in Index to Legal Periodicals, Current Law Index, Legal Resource Index, Criminal Justice Periodical Index, and PAIS Bulletin and is available on-line on the WESTLAW service.

(Hat Tip: Steve Burbank)


October 16, 2012 | Permalink | Comments (0)