The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability when the objective is to maximize social welfare. In basic settings, there is a tradeoff between deterrence benefits and chilling costs, and the optimal proof requirement is determined by factors that are almost entirely distinct from those underlying the preponderance of the evidence rule and other traditional standards. As a consequence, these familiar burden of proof rules have some surprising properties, as do alternative criteria that have been advanced. The Article also considers how setting the proof burden interacts with other features of legal system design, such as the determination of enforcement effort and the degree of accuracy of adjudication. It compares and contrasts a variety of legal environments and methods of enforcement, explaining how the appropriate evidence requirements differ qualitatively across contexts. Most of the questions raised and answers presented differ in kind — as well as in result — from those in prior literature.
{"title":"Burden of Proof","authors":"L. Kaplow","doi":"10.2139/SSRN.1954006","DOIUrl":"https://doi.org/10.2139/SSRN.1954006","url":null,"abstract":"The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability when the objective is to maximize social welfare. In basic settings, there is a tradeoff between deterrence benefits and chilling costs, and the optimal proof requirement is determined by factors that are almost entirely distinct from those underlying the preponderance of the evidence rule and other traditional standards. As a consequence, these familiar burden of proof rules have some surprising properties, as do alternative criteria that have been advanced. The Article also considers how setting the proof burden interacts with other features of legal system design, such as the determination of enforcement effort and the degree of accuracy of adjudication. It compares and contrasts a variety of legal environments and methods of enforcement, explaining how the appropriate evidence requirements differ qualitatively across contexts. Most of the questions raised and answers presented differ in kind — as well as in result — from those in prior literature.","PeriodicalId":398553,"journal":{"name":"MATERIAL WITNESS","volume":"23 Suppl 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124588807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.7551/mitpress/9953.003.0008
Oswald Mtshali
toxic tort. the quest of the holy grail 1986 honda spree repair manual 17 thermochemistry vocabulary review answer carnet documents remedial christianity what every believer should know about the faith but probably doesnt the forests and gardens of south india inked world of the lupi 47 karen chance the proposal tasmina perry dorian will self collins butterfly guide the most complete guide to the butterflies of britain and europe crazy for her k2 team 1 sandra owens holes answers key free download motorcycle manuals dayton drill press model 3z993f manuals great nations still enchained the cartoonists vision of empire 1848 1914 1st edition food safety and toxicity odysseyware algebra 2 answers vadelmavenepakolainen miika nousiainen math connects course 2 answer workbook pdf human body systems answer key veterinary drug handbook desk edition 6th 2003 chevy malibu owners manual power in the blood a family narrative race ethnicity and gender in appalachia jeep wagoneer manual free internal combustion engine fundamentals ppt free dodge neon owners manual prentice hall inside earth answer key n4 electrical engineering learnerships power system analysis and design 5th edition solutions advances in functional training michael boyle beer johnston dynamic solution 9 ed the clinique volume 2 ph of non aqueous solutions rough wrangler tender kisses garmin edge 200 user guide business analysis and valuation palepu golden age captain america omnibus volume 1 tomtom go740 manuale world guide to abbreviations of organizations thump and plunk yo little brother basic rules of survival for young african american males audi a6 c5 owners manual generac 4000exl engine manual diagram 2003 1 6 l kia rio engine islam the beautiful religion of truth 1st edition alex crosss trial cross 15 james patterson manual radio boost cd math worksheet for 6th grade with answer keys free manual de usuario nokia asha 303 ford owners guide
{"title":"Toxic Tort","authors":"Oswald Mtshali","doi":"10.7551/mitpress/9953.003.0008","DOIUrl":"https://doi.org/10.7551/mitpress/9953.003.0008","url":null,"abstract":"toxic tort. the quest of the holy grail 1986 honda spree repair manual 17 thermochemistry vocabulary review answer carnet documents remedial christianity what every believer should know about the faith but probably doesnt the forests and gardens of south india inked world of the lupi 47 karen chance the proposal tasmina perry dorian will self collins butterfly guide the most complete guide to the butterflies of britain and europe crazy for her k2 team 1 sandra owens holes answers key free download motorcycle manuals dayton drill press model 3z993f manuals great nations still enchained the cartoonists vision of empire 1848 1914 1st edition food safety and toxicity odysseyware algebra 2 answers vadelmavenepakolainen miika nousiainen math connects course 2 answer workbook pdf human body systems answer key veterinary drug handbook desk edition 6th 2003 chevy malibu owners manual power in the blood a family narrative race ethnicity and gender in appalachia jeep wagoneer manual free internal combustion engine fundamentals ppt free dodge neon owners manual prentice hall inside earth answer key n4 electrical engineering learnerships power system analysis and design 5th edition solutions advances in functional training michael boyle beer johnston dynamic solution 9 ed the clinique volume 2 ph of non aqueous solutions rough wrangler tender kisses garmin edge 200 user guide business analysis and valuation palepu golden age captain america omnibus volume 1 tomtom go740 manuale world guide to abbreviations of organizations thump and plunk yo little brother basic rules of survival for young african american males audi a6 c5 owners manual generac 4000exl engine manual diagram 2003 1 6 l kia rio engine islam the beautiful religion of truth 1st edition alex crosss trial cross 15 james patterson manual radio boost cd math worksheet for 6th grade with answer keys free manual de usuario nokia asha 303 ford owners guide","PeriodicalId":398553,"journal":{"name":"MATERIAL WITNESS","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116341769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.7551/mitpress/9953.003.0005
Lei Xue
The inspiration for my artwork comes from my life experience and cultural background. There is an idiom in China, “daotingtushuo,” which explains that “most people’s impressions of a certain person/thing are easily affected by irresponsible rumors.” In general, people are more likely to add their personal and emotional perspectives to a certain person/thing when describing it to others. After observation and research, the rumor propagation process needs a medium—the emotions of a human being. To materialize this concept of the emotions, I related color psychology to my work. Based on psychological research, I introduced five different colors to represent human emotions and characteristics. For instance, I represent pride as cyan, greed as orange, sadness as blue, anger as red, and envy as yellow. I am trying to relay a message to my audiences to make them consider how to effectively deal with various negative emotions. Moreover, people should pursue responsible judgment and opinions when dealing with rumors. This thesis work includes five pieces of jewelry and an installation. Each piece of jewelry represents one typical human emotion. Different forms, colors, and techniques were used to illustrate the characteristics of the emotions and their effects on message spreading/rumor. In addition, in terms of techniques, not only did I employ metalworking, I also introduced a new technique that uses print-making to explore textures on acrylic paper.
{"title":"Hearsay","authors":"Lei Xue","doi":"10.7551/mitpress/9953.003.0005","DOIUrl":"https://doi.org/10.7551/mitpress/9953.003.0005","url":null,"abstract":"The inspiration for my artwork comes from my life experience and cultural background. There is an idiom in China, “daotingtushuo,” which explains that “most people’s impressions of a certain person/thing are easily affected by irresponsible rumors.” In general, people are more likely to add their personal and emotional perspectives to a certain person/thing when describing it to others. After observation and research, the rumor propagation process needs a medium—the emotions of a human being. To materialize this concept of the emotions, I related color psychology to my work. Based on psychological research, I introduced five different colors to represent human emotions and characteristics. For instance, I represent pride as cyan, greed as orange, sadness as blue, anger as red, and envy as yellow. I am trying to relay a message to my audiences to make them consider how to effectively deal with various negative emotions. Moreover, people should pursue responsible judgment and opinions when dealing with rumors. This thesis work includes five pieces of jewelry and an installation. Each piece of jewelry represents one typical human emotion. Different forms, colors, and techniques were used to illustrate the characteristics of the emotions and their effects on message spreading/rumor. In addition, in terms of techniques, not only did I employ metalworking, I also introduced a new technique that uses print-making to explore textures on acrylic paper.","PeriodicalId":398553,"journal":{"name":"MATERIAL WITNESS","volume":"243 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115320523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}