Category Archives: Uncategorized
Tom Brady’s footballs (part 4): review of Raskolnikov (2017)
Thus far, we have seen that many legal rules consist of general standards and thus generate some level of uncertainty. But is it possible to model this legal uncertainty or rule uncertainty in any formal or mathematical sense? In an … Continue reading
Tom Brady’s footballs (part 3)
In our previous post, we mentioned the distinction between “detection uncertainty” and “legal uncertainty.” Briefly, detection uncertainty refers to the risk or probability of getting caught and punished; legal uncertainty, by contrast, occurs when there is no bright line separating … Continue reading
Tom Brady’s footballs (part 2)
In our previous post, we asked: what is the optimal level of cheating in any given domain, such as business, dating, politics, sports, etc.? It turns out there is a long-standing literature on this problem, going back to such philosophical … Continue reading
Tom Brady’s footballs: what is the optimal level of cheating?
That is the subject of one of our ongoing research projects. Cheating occurs in many different domains: business, marriage, politics, sports, etc. In the business world, for example, fraud comes in many shapes and sizes, such as the massive manipulation … Continue reading
Why we prefer the term “bayesian voting”
In our previous posts (starting with this one), we have proposed an alternative method of voting on multi-member courts. Broadly speaking, we would replace “one-judge, one-vote” with a method of “bayesian voting” in which judges would rate the legal arguments of the parties by … Continue reading
The ethics of bayesian voting
When the law is contested and a case is appealed to a higher court, the higher court must, at a minimum, make two decisions. First, it must decide whether the lower court committed any legal errors (Decision #1), and if … Continue reading
Trade offs (bayesian voting and majority rule)
We’ve been blogging (on and off) about the possibility of “bayesian voting” on multi-member courts. The idea is to use a sliding scale (from 0 to 1) to allow each judge to express his degree of confidence (or credence) in … Continue reading
Trade offs (health care policy edition)
We interrupt our series of blog posts on bayesian voting to share the following link and table with our loyal followers: “There has been a long debate over single-payer versus multi-payer health insurance system. Which of these two systems is … Continue reading
Bayesian voting is subjective; so what?
We continue our discussion of “bayesian voting” in this blog post. Previously, we conceded that bayesian voting is more complicated than simple majority voting (one-judge, one-vote), but we went on to argue that bayesian voting would be easy to operationalize … Continue reading
Review of Oman, The Dignity of Commerce (2017)
We are taking a break from bayesian voting (see our last few blog posts) to share with our loyal followers our review of Nathan Oman’s book The Dignity of Commerce: Markets and the Moral Foundations of Contract Law (University of … Continue reading

