Top 2 Lawarxiv Papers Today


1.996 Mikeys
#1. Rules, Standards, and Such
Kevin M. Clermont, Cornell Law Library
This Article aims to create a complete typology of the forms of decisional law. Distinguishing “rules” from “standards” is the most commonly attempted jurisprudential line, roughly drawn between nonvague and vague. But no agreement exists on the dimension along which the rule/standard terminology lies, or on where the dividing line on the continuum lies. Thus, classifying in terms of vagueness is itself vague. Ultimately it does not aid legal actors in formulating or applying the law. The classification works best as an evocative image. A clearer distinction would be useful in formulating or applying the law. For the law-applier, it would be more useful if expressly focused on whether the law-giver was trying to pin things down and thus narrow the room for discretion. It would be even more useful if it had helped that law-giver to think about how to pin things down. This better top-level distinction lies between binary and scalar directives. If the directive comprises a checklist of one or more yes/no conditions, then it is a...
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Authors: 2
Total Words: 0
Unqiue Words: 0

1.996 Mikeys
#2. Misdemeanor Appeals
Nancy J. King, Michael Heise, Cornell Law Library
Misdemeanor cases affect far more people than felony cases, outnumbering felony cases by more than three to one. Yet very little empirical information exists on many aspects of misdemeanor prosecutions. This Article provides the first quantitative look at appellate review in misdemeanor cases, nationwide. It uses data drawn from a random sample of direct criminal appeals decided by every state appellate court in the nation, unpublished aggregate data on misdemeanor trial court cases provided by the Court Statistics Project, and published state court statistics. We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in 10,000 misdemeanor convictions, and disturb only one conviction or sentence out of every 10,000 misdemeanor judgments. This level of oversight is much lower than that for felony cases, for reasons we explain. To develop law and regulate error in misdemeanor cases, particularly in prosecutions for the lowest-level offenses, courts may...
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Sample Sizes : [198, 275, 185, 26, 192, 239, 90, 74, 21, 98, 10, 87, 52, 31, 34, 11, 59, 54, 115, 29, 20, 10, 62, 148, 212, 74, 13, 17, 60, 49, 127, 69, 228, 23, 83]
Authors: 3
Total Words: 24596
Unqiue Words: 5671

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