Cornell Law Review Volume 94 Issue 6

Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes

This Article uses unique data from over 300 criminal trials in four large counties to study the relations between the existence of a prior criminal record and defendants testifying at trial, between defendants testifying at trial and juries’ learning about criminal records, and between juries’ learning about criminal records and their decisions to convict or acquit.  Sixty percent of […]

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Identifying Intense Preferences

People’s preferences vary in intensity: some are strong while others are weak.  Information regarding the strength of preferences is essential to legal policymaking for reasons of both efficiency and fairness.  The goal of efficiency maximization requires allocating goods to those who value them most; it seems unfair to grant an entitlement to a person who is comparatively indifferent to […]

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Reducing the Unfair Effects of Nonmutual Issue Preclusion Through Damages Limits

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Inquiry Notice Gone Awry: A Doctrine Abused in DeBenedictis v. Merrill Lynch

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