News, Developments, and Insights

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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.

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 […]

Why the Innocent Are Punished More Harshly Than the Guilty

Innocent Punished More than the Guilty

The AP reports on a really tragic case of wrongful conviction: A man who died in prison while serving time for a rape he didn’t commit was cleared Friday by a judge who called the state’s first posthumous DNA exoneration “the saddest case” he’d ever seen. . . . [Timothy] Cole was convicted of raping […]