...Jury Nullification Paper April 25, 2011 Jury Nullification defined when juries believe a case is unjust or wrong and may acquit a defendant who violated the law. Jury nullification has been an option of a jury in the United States. The jury play a fundamental role in upholding and interpreting the laws the founders of American government outlined in that most sacred of documents. Today society find it imperative to question to what extent a jury may take these laws and make them their own. That a jury may so easily subject laws created through intense discussion and hindsight to so capricious a dismissal leads to question whether jury nullification, in fact undermines the rule of law imbedded in the American Constitution. Seen in this light it is not strange that the courts in the past and the present have discouraged it. At no time juries conferred with lawmaking authority, yet the repeated use of jury nullification results in the altercation of laws made by the proper government bodies. The over-use of jury nullification would result in the weakening of the American democratic system. Racial-based jury nullification has been an ongoing debate for quite some time. Though jury nullification involves members of the jury interpreting the law and coming up with an agreement of what they believe is the best solution...
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...(Slip Opinion) OCTOBER TERM, 2009 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SKILLING v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 08–1394. Argued March 1, 2010—Decided June 24, 2010 Founded in 1985, Enron Corporation grew from its headquarters in Houston, Texas, into the seventh highest-revenue-grossing company in America. Petitioner Jeffrey Skilling, a longtime Enron officer, was Enron’s chief executive officer from February until August 2001, when he resigned. Less than four months later, Enron crashed into bankruptcy, and its stock plummeted in value. After an investigation uncovered an elaborate conspiracy to prop up Enron’s stock prices by overstating the company’s financial well-being, the Government prosecuted dozens of Enron employees who participated in the scheme. In time, the Government worked its way up the chain of command, indicting Skilling and two other top Enron executives. These three defendants, the indictment charged, engaged in a scheme to deceive investors about Enron’s true financial performance by...
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...Accounting, Organizations and Society 38 (2013) 596–620 Contents lists available at ScienceDirect Accounting, Organizations and Society journal homepage: www.elsevier.com/locate/aos An accountability framework for financial statement auditors and related research questions Mark E. Peecher a,⇑, Ira Solomon b,1, Ken T. Trotman c,2 a Department of Accountancy, College of Business, University of Illinois at Urbana-Champaign, 1206 South Sixth Street, Champaign, IL 61820, United States A.B. Freeman School of Business, Tulane University, 7 McAlister Drive, New Orleans, LA 70118, United States c School of Accounting, Australian School of Business, University of New South Wales, Sydney 2052, Australia b a b s t r a c t We address the following overarching questions: What kind of accountability framework could regulators use to (a) motivate auditors to improve audit quality, and (b) evaluate how well auditors have carried out their duties? We draw on research in accounting, economics, psychology, and neuroscience to critique the accountabilities, incentives, and learning opportunities embedded in auditors’ extant regulatory environment. We first establish that forward-looking estimates are the basis for most financial statement information and that some of these estimates are highly uncertain, which increases the challenges faced by auditors. We propose an accountability framework with two dimensions: rewards versus penalties and processes versus outcomes. We...
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...The Non-Obvious Problem: How the Indeterminate Nonobviousness Standard Produces Excessive Patent Grants Gregory Mandel∗ The dominant current perception in patent law is that the core requirement of nonobviousness is applied too leniently, resulting in a proliferation of patents on trivial inventions that actually retard technological innovation in the long run. This Article reveals that the common wisdom is only half correct. The nonobviousness standard is not too low, but both too high and too low. It is indeterminate. Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision maker to judge from the perspective of a more highly trained and educated person of ordinary skill in the art. This Article introduces a mathematical model of innovation and patenting to analyze the effects of nonobviousness indeterminacy. Based on the model, indeterminacy in nonobviousness decisions has several unexpected consequences. First, indeterminacy results in an excessive total number of patent grants, and in many patent grants on obvious inventions. Second, indeterminacy leads to too many patent applications on obvious inventions and too few applications on non-obvious inventions. ∗ Professor of Law, Temple University — Beasley School of...
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...Decide & Conquer: Make Winning Decisions and Take Control of Your Life Stephen P. Robbins, Ph.D. PEARSON EDUCATION, INC. Praise for Decide & Conquer: “Do you have trouble making important decisions? If you answered, ‘Well, yes and no,’ you need this book. It's as smart and straightforward as its title. I'm buying my agent five copies. —Joel Siegel Entertainment Editor Good Morning America “I thought making decisions was as natural as breathing— something we just do. Dr. Robbins makes it crystal clear that decision making ability is a skill that can be improved with knowledge from self evaluation and consideration of the right criteria. This book will help not only people who struggle with decisions, but also those who consider themselves effective decision makers.” —Jim Despain, Managing Partner, DESPAINCONVERSE, and co-author of …and Dignity for All “Robbins shows that making good decisions requires more than just knowing the facts. You must know yourself, too! It is the human aspects of the decision-making process that fail. But these problems can be overcome. Start making good decisions now by choosing to read this book.” —John Nofsinger, author of Infectious Greed and Investment Blunders (of the Rich and Famous) “A must read. Robbins translates a vast array of arcane research into a clearly written practical guide that will surely help people make better personal decisions.” —Steven P. Schnaars, author of Marketing Strategy, Second Edition “This is a very personal...
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...In memory of Amos Tversky Contents Introduction Part I. Two Systems 1. The Characters of the Story 2. Attention and Effort 3. The Lazy Controller 4. The Associative Machine 5. Cognitive Ease 6. Norms, Surprises, and Causes 7. A Machine for Jumping to Conclusions 8. How Judgments Happen 9. Answering an Easier Question Part II. Heuristics and Biases 10. The Law of Small Numbers 11. Anchors 12. The Science of Availability 13. Availability, Emotion, and Risk 14. Tom W’s Specialty 15. Linda: Less is More 16. Causes Trump Statistics 17. Regression to the Mean 18. Taming Intuitive Predictions Part III. Overconfidence 19. The Illusion of Understanding 20. The Illusion of Validity 21. Intuitions Vs. Formulas 22. Expert Intuition: When Can We Trust It? 23. The Outside View 24. The Engine of Capitalism Part IV. Choices 25. Bernoulli’s Errors 26. Prospect Theory 27. The Endowment Effect 28. Bad Events 29. The Fourfold Pattern 30. Rare Events 31. Risk Policies 32. Keeping Score 33. Reversals 34. Frames and Reality Part V. Two Selves 35. Two Selves 36. Life as a Story 37. Experienced Well-Being 38. Thinking About Life Conclusions Appendix Uncertainty A: Judgment Under Appendix B: Choices, Values, and Frames Acknowledgments Notes Index Introduction Every author, I suppose, has in mind a setting in which readers of his or her work could benefit from having read it. Mine is the proverbial office watercooler, where opinions are shared and gossip is exchanged. I...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...animal Books by Elliot Aronson Theories of Cognitive Consistency (with R. Abelson et al.), 1968 Voices of Modern Psychology, 1969 The Social Animal, 1972, 1976, 1980, 1984, 1988, 1992, 1995, 1999, 2004; (with J. Aronson), 2008 Readings About the Social Animal, 1973, 1977, 1981, 1984, 1988, 1992, 1995, 1999, 2004; (with J. Aronson), 2008 Social Psychology (with R. Helmreich), 1973 Research Methods in Social Psychology (with J. M. Carlsmith & P. Ellsworth), 1976 The Jigsaw Classroom (with C. Stephan et al.), 1978 Burnout: From Tedium to Personal Growth (with A. Pines & D. Kafry), 1981 Energy Use: The Human Dimension (with P. C. Stern), 1984 The Handbook of Social Psychology (with G. Lindzey), 3rd ed., 1985 Career Burnout (with A. Pines), 1988 Methods of Research in Social Psychology (with P. Ellsworth, J. M. Carlsmith, & M. H. Gonzales), 1990 Age of Propaganda (with A. R. Pratkanis), 1992, 2000 Social Psychology, Vols. 1–3 (with A. R. Pratkanis), 1992 Social Psychology: The Heart and the Mind (with T. D. Wilson & R. M. Akert), 1994 Cooperation in the Classroom: The Jigsaw Method (with S. Patnoe), 1997 Nobody Left to Hate: Teaching Compassion After Columbine, 2000 Social Psychology: An Introduction (with T. D. Wilson & R. M. Akert), 2002, 2005, 2007 The Adventures of Ruthie and a Little Boy Named Grandpa (with R. Aronson), 2006 Mistakes Were Made (But Not By Me) (with C. Tavris), 2007 Books by Joshua Aronson Improving Academic Achievement, 2002 The Social Animal To...
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...TABLE OF CONTENTS TO CRIM LAW (Levine) I. Overview of CJS A. Theories of Punishment 1. Utilitarian 2. Retributive B. Who should be punished? 1. Excuse (Because of personal condition X I shouldn’t be punished) 2. Justification (I acted in the right way and don’t deserve to be punished) C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...VOLUME EDITOR S. WALLER is an Associate Professor of Philosophy at Montana State University Bozeman. Her areas of research are philosophy of neurology, philosophy of cognitive ethology (especially dolphins, wolves, and coyotes), and philosophy of mind, specifically the parts of the mind we disavow. SERIES EDITOR FRITZ ALLHOFF is an Assistant Professor in the Philosophy Department at Western Michigan University, as well as a Senior Research Fellow at the Australian National University’s Centre for Applied Philosophy and Public Ethics. In addition to editing the Philosophy for Everyone series, Allhoff is the volume editor or co-editor for several titles, including Wine & Philosophy (Wiley-Blackwell, 2007), Whiskey & Philosophy (with Marcus P. Adams, Wiley, 2009), and Food & Philosophy (with Dave Monroe,Wiley-Blackwell, 2007). P H I L O S O P H Y F O R E V E RYO N E Series editor: Fritz Allhoff Not so much a subject matter, philosophy is a way of thinking.Thinking not just about the Big Questions, but about little ones too.This series invites everyone to ponder things they care about, big or small, significant, serious … or just curious. Running & Philosophy: A Marathon for the Mind Edited by Michael W. Austin Wine & Philosophy: A Symposium on Thinking and Drinking Edited by Fritz Allhoff Food & Philosophy: Eat,Think and Be Merry Edited by Fritz Allhoff and Dave Monroe Beer & Philosophy: The Unexamined Beer Isn’t Worth Drinking Edited by Steven D. Hales Whiskey & Philosophy:...
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...A ∑ E= mc 2 This eBook is provided by www.PlentyofeBooks.net Plenty of eBooks is a blog with an aim of helping people, especially students, who cannot afford to buy some costly books from the market. For more Free eBooks and educational material visit www.PlentyofeBooks.net Uploaded By Bhavesh Pamecha (samsexy98) 1 INFLUENCE The Psychology of Persuasion ROBERT B. CIALDINI PH.D. This book is dedicated to Chris, who glows in his father’s eye Contents Introduction 1 Weapons of Influence 2 Reciprocation: The Old Give and Take…and Take 3 Commitment and Consistency: Hobgoblins of the Mind 4 Social Proof: Truths Are Us 5 Liking: The Friendly Thief 6 Authority: Directed Deference 7 Scarcity: The Rule of the Few Epilogue Instant Influence: Primitive Consent for an Automatic Age Notes Bibliography Index Acknowledgments About the Author Cover Copyright About the Publisher v 1 13 43 87 126 157 178 205 211 225 241 INTRODUCTION I can admit it freely now. All my life I’ve been a patsy. For as long as I can recall, I’ve been an easy mark for the pitches of peddlers, fundraisers, and operators of one sort or another. True, only some of these people have had dishonorable motives. The others—representatives of certain charitable agencies, for instance—have had the best of intentions. No matter. With personally disquieting frequency, I have always found myself in possession of unwanted magazine subscriptions or tickets to the sanitation workers’ ball. Probably...
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...INFLUENCE The Psychology of Persuasion ROBERT B. CIALDINI PH.D. This book is dedicated to Chris, who glows in his father’s eye Contents Introduction v 1 Weapons of Influence 1 2 Reciprocation: The Old Give and Take…and Take 13 3 Commitment and Consistency: Hobgoblins of the Mind 43 4 Social Proof: Truths Are Us 87 5 Liking: The Friendly Thief 126 6 Authority: Directed Deference 157 7 Scarcity: The Rule of the Few 178 Epilogue Instant Influence: Primitive Consent for an Automatic Age 205 Notes 211 Bibliography 225 Index 241 Acknowledgments About the Author Cover Copyright About the Publisher INTRODUCTION I can admit it freely now. All my life I’ve been a patsy. For as long as I can recall, I’ve been an easy mark for the pitches of peddlers, fundraisers, and operators of one sort or another. True, only some of these people have had dishonorable motives. The others—representatives of certain charitable agencies, for instance—have had the best of intentions. No matter. With personally disquieting frequency, I have always found myself in possession of unwanted magazine subscriptions or tickets to the sanitation workers’ ball. Probably this long-standing status as sucker accounts for my interest in the study of compliance: Just what are the factors that cause one person to say yes to another person? And which techniques most effectively use these factors to bring about...
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...INFLUENCE The Psychology of Persuasion ROBERT B. CIALDINI PH.D. This book is dedicated to Chris, who glows in his father’s eye Contents Introduction 1 Weapons of Influence 2 Reciprocation: The Old Give and Take…and Take 3 Commitment and Consistency: Hobgoblins of the Mind 4 Social Proof: Truths Are Us 5 Liking: The Friendly Thief 6 Authority: Directed Deference 7 Scarcity: The Rule of the Few Epilogue Instant Influence: Primitive Consent for an Automatic Age Notes Bibliography Index Acknowledgments About the Author Cover Copyright About the Publisher v 1 13 43 87 126 157 178 205 211 225 241 INTRODUCTION I can admit it freely now. All my life I’ve been a patsy. For as long as I can recall, I’ve been an easy mark for the pitches of peddlers, fundraisers, and operators of one sort or another. True, only some of these people have had dishonorable motives. The others—representatives of certain charitable agencies, for instance—have had the best of intentions. No matter. With personally disquieting frequency, I have always found myself in possession of unwanted magazine subscriptions or tickets to the sanitation workers’ ball. Probably this long-standing status as sucker accounts for my interest in the study of compliance: Just what are the factors that cause one person to say yes to another person? And which techniques most effectively use these factors to bring about such compliance? I wondered why it is that a request stated in a certain way will be rejected...
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...THE INTELLIGENT INVESTOR A BOOK OF PRACTICAL COUNSEL REVISED EDITION B E NJAM I N G RAHAM Updated with New Commentary by Jason Zweig To E.M.G. Through chances various, through all vicissitudes, we make our way. . . . Aeneid Contents Epigraph iii Preface to the Fourth Edition, by Warren E. Buffett viii A Note About Benjamin Graham, by Jason Zweig x Introduction: What This Book Expects to Accomplish COMMENTARY ON THE INTRODUCTION 1. 1 12 35 The Investor and Inflation 47 COMMENTARY ON CHAPTER 2 3. 18 COMMENTARY ON CHAPTER 1 2. Investment versus Speculation: Results to Be Expected by the Intelligent Investor 58 65 COMMENTARY ON CHAPTER 3 4. A Century of Stock-Market History: The Level of Stock Prices in Early 1972 80 General Portfolio Policy: The Defensive Investor 88 COMMENTARY ON CHAPTER 4 5. 101 124 Portfolio Policy for the Enterprising Investor: Negative Approach 133 COMMENTARY ON CHAPTER 6 7. 112 COMMENTARY ON CHAPTER 5 6. The Defensive Investor and Common Stocks 145 iv 155 COMMENTARY ON CHAPTER 7 8. Portfolio Policy for the Enterprising Investor: The Positive Side 179 The Investor and Market Fluctuations 188 v Contents COMMENTARY ON CHAPTER 8 9. Investing in Investment Funds COMMENTARY ON CHAPTER 9 213 226 242 10. The Investor and His Advisers 257 COMMENTARY ON CHAPTER 10 272 11. Security...
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