My article "The Nature of a Precedent's Error" is now out in Jurisprudence. In it I set out a theory of "egregiously erroneous" precedents, suggesting that they involve a special sort of moral error. Here it is: https://t.co/0OIiU6Fu1j
Bob Bauer, Sam Issacharoff, and I have launched The Democracy Project at NYU. We begin with a series of 100 essays in 100 days from US and international figures of diverse ideological views and experiences.
Our first 3 essays now live are highly provocative, from Frances Lee, Randy Kennedy, and Nick Bagley.
Mukherjee on the Right to Education, https://t.co/onetGXqVjE - Gaurav Mukherjee (University of Connecticut - School of Law; New York University School of Law; University of Melbourne - Asian Law Centre) has posted The Right to Education: Reconciling Liberty & Equality (The Oxford Handbook on Economic and Social Rights (Katharine Young and Malcolm Langford eds., 2025)) on SSRN.
Excited to share my new paper, In Defense of Factual Precedents, forthcoming @UChiLRev
When courts determine general facts - like recidivism rates or historical facts - I argue that they should rely on presumptive factual precedents
🔗https://t.co/x3iXUYHdIN
Kenneth on Factual Precedents, https://t.co/5FZuLlqOAx - Tomer Kenneth (University of Southern California Gould School of Law; New York University (NYU) - Information Law Institute) has posted In Defense of Factual Precedents (93 University of Chicago Law Review (forthcoming)) on SSRN.
Our paper--Challenging the State’s Claim to Authority-- is officially published and open access in Law & Philosophy!
@yaromeir and I explore the relationship between states' normative claims and their de-facto power
Check it out here: https://t.co/TLKGbW8W2f
It was wonderful to discuss Kevin Clermont's book, "A General Theory of Evidence & Proof," with great scholars from around the world 📚🎉
Thanks everyone for a rich conversation about the role of logic in decision-making about facts.
& Special thanks to our incredible panelists!
Looking for a fresh perspective about how we form beliefs in truths? About how courts decide facts?
Join us online as we discuss Kevin Clermont's new book--A General Theory of Evidence and Proof!
April 23rd, 9 am PST
RSVP: https://t.co/S8NMgfwOlL
@USCGouldLaw
Looking for a fresh perspective about how we form beliefs in truths? About how courts decide facts?
Join us online as we discuss Kevin Clermont's new book--A General Theory of Evidence and Proof!
April 23rd, 9 am PST
RSVP: https://t.co/S8NMgfwOlL
@USCGouldLaw
Excited to share my article with the brilliant @yaromeir, forthcoming in Law & Philosophy!
We explore the dynamics of state's authority. We argue that, alongside legitimacy, authority also depends on power--power that is constantly being challenged...
https://t.co/qrK42trc8U
Another paper alert 📣
Delighted that my paper on the need for global regulation of Big Tech is finally out in the @NYUJILP!
https://t.co/58lhqVKWqz
#goingglobal
Welcome Tomer Kenneth (@TomerKenneth) as he joins #USCGould as a Visiting Assistant Professor. His primary research areas include evidence, legal theory, political theory, and law and technology. At USC, Kenneth teaches courses in evidence and judicial decision-making.
... It lies, especially, in the particular ways in which administrative competence is executed and expertise in public decision-making is operationalized. Put differently, publicness in this context is more about normativity and less about legality."
This is a great piece!
As is usually the case, @NeliFrost she made me think a bit differently - this time about what makes public decision-making public
My new piece on publicness in public administration and the use of machine learning is finally out! 🧵
Impoverished Publicness of Algorithmic Decision Making https://t.co/gRueke9uyp
"Publicness [...]emerges not only as a requirement for publicity (making decisions transparent), nor exclusively as a quality of law or as a demand for standards applicable downstream to the interactions between public decision-makers and those affected by their decisions...