PRIVACY + SECURITY BLOG

News, Developments, and Insights

Rationalizing Law

Problems with Eyewitness Testimony

For quite a long time, extensive empirical work in psychology, sociology, and behavioral economics has been revealing that many of the law’s most cherished rules are faulty. They are based upon mistaken assumptions about human behavior. They are often flat out wrong. And yet they persist. […]

Read More…

Chief Justice Roberts and Legal Scholarship

Justice Roberts and Legal Scholarship

In response to questions after giving a speech, Chief Justice Roberts expressed how he generally ignores legal scholarship.  According to the WSJ Blog: Roberts said he doesn’t pay much attention to academic legal writing. Law review articles are “more abstract” than practical, and aren’t “particularly helpful for practitioners and judges.” […]

Read More…

What Is Empathy? Obama’s Philosophy of Law and the Next Supreme Court Justice

Supreme Court

There has been a lot of discussion on what President Obama meant when he said he wanted to choose a person who would judge with “empathy” for the U.S. Supreme Court.   When articulating his decision to vote against Chief Justice John Roberts, Obama noted that 95 percent of cases would be relatively straightforward where most […]

Read More…

Should We Have Professional Juries?

Professional Juries

According to Legal Profession Blog: The New Jersey Appellate Division reversed an $876,000 plaintiff’s verdict in a slip-and-fall case where the plaintiff had fallen while looking for pantyhose in aisle five of a supermarket owned by the defendant. . . . [T]he jury foreperson was a New Jersey State Senator, full-time law professor and lawyer […]

Read More…