Tuesday, August 21, 2007

New Articles by Professor Mirjan Damaska and Judge Jon Newman

A new issue of Law, Probability and Risk is now in print. Here is the table of contents.

One of the articles in the new (double) issue of LPR -- 5 Law, Probability and Risk Nos. 3-4 -- is by Mirjan Damaska of Yale Law School. This article, a response to an article by Professor Frederick Schauer, has a penetrating and important discussion of the old question of the relationship between trial by jury and the law of evidence. The article: The jury and the law of evidence: real and imagined interconnections.

The short paper -- a comment -- by Judge Jon O. Newman of the U.S. Second Circuit Court of Appeals discusses an earlier three-sided discussion in the same journal about possible quantification of the reasonable doubt standard of proof in criminal trials. Judge Newman's paper: Quantifying the standard of proof beyond a reasonable doubt: a comment on three comments. (The participants in the earlier three-way discussion were Professor James Franklin, Judge Jack B. Weinstein and Ian Dewsbury, and Peter Tillers and Jonathan Gottfried. See table of contents for 5 Law, Probability and Risk No. 2 (2006).)

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