Bills of rights and regression to the mean

Article Abstract:

The political culture is more important than the Bill of Rights in ensuring individual liberties. Cases such as Brown v Board of Education and Roe v Wade only came about when the general political climate made racial integration and abortion acceptable. Other nations with different constitutions but similar levels of economic development recognize similar personal freedoms. This indicates that the Bill of Rights is really peripheral, and constitutional interpretation exhibits a regression to the mean of modern political culture.

Political aspects, Civil rights, Political culture

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Adversary inferences

Article Abstract:

Lawyers should not be blamed for inherent deficiencies in the adversary system. Reforms should attempt to reduce the informational asymmetries that are caused by the system, in which professional advocates are attempting to persuade amateur decisionmakers on the jury. Efforts should concentrate on making the jury more sophisticated and the penalties for fraud stiffer. Increasing the ability to use probative evidence to make valid inferences would also enhance the accuracy of adjudication.

Trial practice, Adversary system (Law), Adversary system

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Does antitrust have a comparative advantage?

Article Abstract:

The author discusses the relative influences of law and of markets in regulating economic relations and business practices.

United States, Interpretation and construction, Antitrust law, Influence, Markets (Economics)

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