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February 27, 2018

Judicial Mistakes in Discovery

A recent wave of scholarship argues that judges often fail to comply with binding rules or precedent and sometimes apply overturned laws. Scholars have hypothesized that the cause of this “judicial noncompliance” may be flawed litigant briefing that introduces mistakes into judicial decisions—an idea this Essay calls the “Litigant Hypothesis.” The Essay presents a preliminary study aimed at exploring ways of testing the validity of the Litigant Hypothesis. Employing an empirical analysis that exploits recent amendments to Federal Discovery Rule 26, this Essay finds that the strongest predictor of noncompliance in a dataset of discovery decisions is indeed faulty briefs. This study concludes that the Litigant Hypothesis of noncompliance may have explanatory value. 

February 22, 2018

Lone Wolf Terrorism: Types, Stripes and Double Standards

This Essay contributes a timely reconceptualization of the phenomenon, coupled with a typology adopted from social science, for understanding the myriad forms of lone wolf terrorism. In addition to contributing the theoretical frameworks to further examine lone wolf terrorism within legal scholarship, this Essay examines how the assignment of the lone wolf designation by law enforcement functions as: (1) a presumptive exemption from terrorism for white culprits; and (2) a presumptive connection to terrorism for Muslim culprits. This asymmetry is rooted in the distinct racialization of white and Muslim identity, and it is driven by War on Terror baselines that profile Muslim identity as presumptive of a terror threat.

February 7, 2018

Bridges II: The Law-STEM Alliance & Next Generation Innovation — Introduction and Combined Responses

Northwestern Law Review Online presents a discussion of the Law–STEM intersection in this special project. This project arose as part of a conference held at Northwestern Pritzker School of Law in October 2016: Bridges II: The Law–STEM Alliance & Next Generation Innovation. After a robust conference that focused on the role of different disciplines in the innovation process, a group of scholars (mostly legal scholars who do interdisciplinary work) convened informally to discuss ways to foster interdisciplinary innovation and to overcome barriers to collaboration between legal and STEM professionals. We had such an interesting discussion that we decided to ask participants to submit written answers to questions discussed at that session. We provided five questions to the participants. Participants answered either a subset of the questions or wrote essays responding to the questions as a whole.

February 7, 2018

A Meeting of Innovation Minds

This somewhat unorthodox Essay, written jointly by von Hippel and Torrance at the request of the Northwestern University Law Review Online, relates how their collegial collaboration began and expanded to enrich their understandings of innovation, in the hopes of encouraging more researchers to pursue cross-disciplinary collaboration. Collaboration between scholars with expertise from disparate fields of scholarship has long been an effective method of intellectual cross-fertilization. Although not every interdisciplinary collaboration is successful, this Essay illustrates the promise of one that, at least in the minds of the authors, succeeded, and exhorts scholars across any fields to consider collaborating with scholars whose research is potentially complementary. The result can be meaningful, and sometimes surprising, insights for both fields.