Tuesday, January 03, 2012

DNA and Fiber Evidence in the Dobson and Norris Trial


Go here to see a brief visual summary of the the DNA and fiber evidence in the Dobson and Norris trial in the UK.
 
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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Saturday, December 31, 2011

Best Wishes for a Good or Meaningful New Year

May you have a good new year - assuming, of course, that you follow or recognize the Gregorian calendar.

Let me put it this way: may you have a good new year - perhaps even a dynamic one - when your new year arrives.

And if your new year promises not to be a good one (we know that not every year is filled with blue skies), may the new year at least make sense to you and have some sort of satisfying meaning for you.
Peter Tillers
The dynamic evidence page

Thursday, December 29, 2011

Homeless(?) Student at Cardozo Law School!

Ah yes, so there is (unless his homelessness is a hoax). But the fellow seems to prefer being homeless.
  • Tip of the hat, I guess, to Steve Simon.

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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Wednesday, December 28, 2011

Tuesday, December 27, 2011

History of Bayesianism, on YouTube

"A one hour presentation of 'The Theory That Would Not Die' given by the author [Sharon Bertsch McGrayne] at Carnegie Mellon University in October 2011 is available on CMU’s Youtube channel." Hykel Hosni, "What's Hot in ... Uncertain Reasoning," 6 The Reasoner 11 (Jan. 2012).


Go here for a video of a talk by McGrayne on another occasion -- and this video is not marred by distracting background noise.


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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Sunday, December 25, 2011

Acedia, or The Noonday Demons of Solitary, Sedentary Workers

John Plotz,Their Noonday Demons, and Ours NYTimes Sunday [sic] Book Review (Dec. 23, 2011):
By some miracle, you set aside a day to tackle that project you can’t seem to finish in the office. You close the door, boot up your laptop, open the right file and . . . five minutes later catch yourself thinking about dinner. By 10 a.m., you’re staring at the wall, even squinting at it between your fingertips. Is this day 50 hours long? Soon, you fall into a light, unsatisfying sleep and awake dizzy or with a pounding headache; all your limbs feel weighed down. At which point, most likely around noon, you commit a fatal error: leaving the room. I’ll just garden for a bit, you tell yourself, or do a little charity work. Hmmm, I wonder if my friend Gregory is around?
This probably strikes you as an extremely, even a uniquely, modern problem. Pick up an early medieval monastic text, however, and you will find extensive discussion of all the symptoms listed above, as well as a diagnosis. Acedia, also known as the “noonday demon,” appears again and again in the writings of the Desert Fathers from the fourth and fifth centuries. Wherever monks and nuns retreated into cells to labor and to meditate on matters spiritual, the illness struck.
[snip, snip]
...[N]ow that solitary unstructured brainwork has returned with a vengeance, we may be suffering an epidemic of early medieval acedia.

 
 




 
 
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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Tuesday, December 20, 2011

Shaken Baby Syndrome

For an excellent -- but noncommittal -- review of the growing controversy over the "shaken baby syndrome," see Mark Hansen, Unsettling Science: Experts Are Still Debating Whether Shaken Baby Syndrome Exists ABA Journal (Dec. 1, 2011).
 
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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Monday, December 19, 2011

Of Inference Networks and -- Gasp! -- Onto-Epistemology





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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

An Old "Stunt": A Planned Wrongful Courtroom Identification

Debra Cassens Weiss Lawyer’s Twin Stand-In Stunt at Preliminary Hearing Leaves Judge Furious   ABA Online (Dec. 19, 2011).

A snippet:
"[Defense counsel] denied that the twin stand-in was intended to get the alleged victim to identify the wrong man, according to the newspaper’s review of the transcript. 'This honorable court asked for Mr. White [accused's name was "White"], and that’s who’s at the table today, Mr. White,' she said."




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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Special Issue on Uncertainty Theorist Henry Kyburg


The journal Synthese will soon publish a special issue on the uncertainty theorist Henry Kyburg. Advance copies of the papers are available here.

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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Thursday, December 15, 2011

Colleges (and law schools) "are not simply for the education of students"

Gary Gutting What Is[College For? NYTimes (Dec. 14, 2011)(blog):
Colleges] are not simply for the education of students.  This is an essential function, but the raison d’être of a college is to nourish a world of intellectual culture; that is, a world of ideas, dedicated to what we can know scientifically, understand humanistically, or express artistically.  In our society, this world is mainly populated by members of college faculties: scientists, humanists, social scientists (who straddle the humanities and the sciences properly speaking), and those who study the fine arts. Law, medicine and engineering are included to the extent that they are still understood as “learned professions,” deploying practical skills that are nonetheless deeply rooted in scientific knowledge or humanistic understanding.
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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Tuesday, December 13, 2011

The Meaning of Face-to-Face Confrontation in Canada

Niqab may be worn during testimony: court CBC News Toronto (Oct. 13, 2010):
The Ontario Court of Appeal has ruled that the victim of an alleged sexual assault may not have to remove her niqab while testifying as long as the fairness of a trial is not compromised.
Muslim Woman Wants to Appear Veiled in Canadian Court The World (Dec. 8, 2011):
The Supreme of Canada has heard the case of a Muslim woman who wants to appear veiled in court while she testifies against the two men she has accused of sexual assault.


 
 
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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Tuesday, December 06, 2011

Physics, Soup & Legal Reasoning

Anyone with the slightest appreciation of the character of enormous events such as black holes (which might be said to be enormous non-events), see
NYTimes article on the biggest and baddest black hole yet 
and
Wikipedia article on black holes
and 
Hubblesite on black holes (highly recommended)
understandably hesitates to say anything that might reek to the slightest degree of absurd deconstructionist talk -- such as talk about "decentering gravity" (see the Sokal hoax). With this in mind, I pose several comments and questions seriatim (comments and questions I first posed on Google+):

First: A participant in the BISC list (Berkeley Initiative for Soft Computing list) asked an interesting question: Is human knowledge of causality fuzzy or is causality itself (also) fuzzy?

Second: Is it possible or desirable to combine the precision of, say, special relativity (ignore quantum mechanics, please) with fuzzy logic and probability?

Third: It is fair or accurate to say, yes?, that some or many or all models generated by "real physics" -- models such as Newtonian mechanics and special relativity -- make sense only as universal models (at least in our universe, i.e., putting aside a possible multiverse and the like)? If so, is it logically coherent to imagine (only to imagine, I say!) that such models are mechanisms, processes, or structures that exist in an ocean, or soup, of fuzziness? Or is such an image (an image of quantitatively-specifiable islands in a murky and elusive soup) too close -- fatally too close -- to the excesses and absurdities of deconstructionism, postmodernism, and all that (see the Sokal hoax and ridiculous talk about matters such as "decentering gravity")? Does "real physics" allow for the existence of soup, soup with an ontological status, i.e., "real (fuzzy?) soup"?

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[I repeat, here:] Even if I am just speculating, should I be embarrassed to be speculating in this fashion? (N.B. I repudiated Hegelianism, neo-Hegelianism, and all that, decades ago!)

My probable motivation for the speculation found here: I am groping for a way to explain and defend sloppy, soupy (and non-numerical) reasoning (which is prevalent in legal discourse and argument).

Friday, December 02, 2011

New Book on Evidence (and Related Matters)


The following book has finally been officially published: William Twining, Philip Dawid & Dimitra Vasilaki, eds., Evidence, Inference and Enquiry (Oxford & British Academy, 2011).


I have an essay in the book: "Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology." For an earlier (and free) version of the essay, go here.





The book's table of contents:


Sir Geoffrey Allen: Foreword
1: Philip Dawid: Introduction
2: David Schum: Classifying Forms and Combinations of Evidence: Necessary in a Science of Evidence
3: Jason Davies: Disciplining the Disciplines
4: William Twining: Moving Beyond Law: Interdisciplinarity and the Study of Evidence
5: Philip Dawid; Amanda Hepler; David Schum: Inference Networks: Bayes and Wigmore
6: John Fox: Arguing about the Evidence: A Logical Approach
7: David Lagnado: Thinking about Evidence
8: Jill Russell and Trisha Greenhalgh: Rhetoric and Argumentation in Evidence-Based Policy Making
9: Terence Anderson: Generalisations and Evidential Reasoning
10: Peter Tillers: Of Inference Networks and Onto-Epistemology
11: Nancy Cartwright and Jacob Stegenga: A Theory of Evidence for Evidence-Based Policy
12: Hasok Chang and Grant Fisher: What the Ravens Really Teach Us: The Intrinsic Contextuality of Evidence
13: Alison Wylie: Critical Distance: Stabilizing Evidential Claims in Archaeology
14: David Colquhoun: In Praise of Randomisation
15: Jason Davies: Believing the Evidence
16: Mike Joffe: What Would a Scientific Economics Look Like?
17: Tony Gardner-Medwin: Reasonable Doubt: Uncertainty in Education, Science and Law



Spindle Law Interview: Bill Neukom



See this interview of Bill Neukom

 

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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.

Wednesday, November 30, 2011

Our Billion Dollar Imperial President


When I arrived at my law school this morning, I found steel barricades in front of the law school (5th Ave.) and along the south side of the building along 12th Street, which was closed to all traffic. I inferred that President Obama would be visiting the neighborhood. Indeed, that is apparently the case: He will be dining for dollars at GOTHAM BAR & GRILL on 12th Street.

I wondered why it was necessary to put up steel barricades more than seven hours before the President's visit.

Then I saw this e-mail to staff at my law school:
President Obama will be attending a fund-raising event this evening on 12th Street. As a result, there are police barricades in the area, which will be set up as early as 5 pm. [They were set up in the morning.] The police will clip the locks and remove any bicycle in the area. 
For those of you who have already brought your bikes to school, we are reserving an area in the third-floor lounge for bicycle storage until the close of the building this evening. However, please be aware that we do not have bike racks available, and that storing it here will be at your own risk, since there will be no security presence. 
If you have not yet arrived at school but were planning on riding your bicycle here, we suggest that you use an alternate form of transportation.
I then wondered whether it is really necessary to remove all bicycles -- without advance notice and without, I assume, due process or just compensation (did he ever get the hang of that due process stuff?) -- and to do so two hours before the President's scheduled appearance.

Well, you know, better safe than sorry! And I reminded myself that this is a worthy President. He plans to raise a billion dollars to get re-elected. Who am I to grouse if some lousy (and not-so-lousy) bicycles are removed so that he can raise more money for himself? It's all for the greater good, isn't it?
  • Jimmy Carter, where are you when we need you?
In case you're not feeling Jimmy Carter-like, by all means go to the Gotham Bar & Grill. (Even if George Washington didn't sleep there, the restaurant will be able to say that Barack Obama ate there.)

Postscript: As I pedaled away from the neighborhood, as fast as my legs could manage, I wondered if that colorful little kid's bike locked to a sign at 5th & 12th would also be expropriated in the name of state security. Probably so. (Let the kid get another bike. What's the big deal? It's not as if the kid's parent or parents, who apparently live on 5th Ave., can't afford to buy another one.)

Sunday, November 27, 2011

Toilet Paper and the Courts

Toilet paper for a money-starved court system:
State courts around the country have found many ways, some unusual, to deal with the cuts. In Mount Gilead, Ohio, the Morrow County Municipal Court, like many others, is now working a four-day week. And that is not as large a hardship as the county experienced in 2009, when the court announced that it could not take new case filings for three months, until the end of the budget cycle, unless litigants brought their own paper for the court to use. Money for paper had run out.

“Even though paper is inexpensive, it’s still enough to shut us down,” said Judge Lee W. McClelland. Ultimately, he said, people in the community donated enough paper so that “we were able to limp through the year.”

“We also got about three rolls of toilet paper,” he said. “Obviously, they were confused about what kind of paper we needed.”

John Schwartz Critics Say Budget Cuts for Courts Risk Rights NYTimes (Nov. 26, 2011).



NYTimes




 
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The dynamic evidence page
Evidence marshaling software MarshalPlan
It's here: the law of evidence on Spindle Law. See also this post and this post.