Supreme Court Selection Bias?

Where do Supreme Court justices get their facts from? Oftentimes, they get their “facts” from amicus curiae legal briefs that are filed by “friends of the court,” i.e. private parties with axes to grind. Now, check out this fascinating report by Adam Liptak of the New York Times summing up Professor Alli Orr Larsen’s 57-page paper “The Trouble with Amicus Facts.” Here are a few egregious examples that appear in Liptak’s report: Continue reading →

Posted in Bayesian Reasoning, Deception, Law, Logical Fallacies | Tagged , | 1 Comment

“When should you show up to a party?”

That is the key question posed in this fun essay by Walt Hickey, who now writes for FiveThirtyEight and who graduated from the College of William and Mary with a degree in applied mathematics. Here is an excerpt from Mr Hickey’s analysis:

Nobody wants to arrive too early. Being the first guest might mean you’ll catch the host before she’s done preparing … Nobody wants to be right on time, either. What if you don’t know the other punctual guests? What if you then have to meet new people and, God forbid, remember their names for the rest of the night …?

In other words, there is a “time trade-off” in deciding when to show up to a party. If you arrive too early, you run the risk of being bored or of finding yourself in a socially-awkward situation, but at the same time, if you arrive too late, you run the risk of offending your hosts and of losing out on the fun. There are no doubt other considerations that are relevant to this analysis, such as the number of invited guests, whether food is being served, etc. In any case, the larger point here is that there is an optimal arrival time. The question, however, is how do you calculate the optimal “late-arrival” time? (Hat tip to Mrs Andrea Robinson for the pointer.)

Too late or too early?

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Anti-constitutional moments?

In our most recent paper, a work-in-progress titled “Gödel’s Interbellum,” we borrow Bruce Ackerman’s influential theory of “constitutional moments” in order to survey the major extra-constitutional events unfolding in Europe during the interwar period between World War I and World War II. Specifically, we expand on the idea of constitutional moments to embrace “anti-constitutional moments,” that is, moments when major political change occurs outside the constitutional process, such as military coups, putsches, states of emergencies, self-coups, and other unconstitutional seizures of power.

Moreover, as we explain in our paper, such anti-constitutional moments may have also played a role in Kurt Gödel’s purported discovery in late 1947 of a logical contradiction in the U.S. Constitution–what we have called “Gödel’s Loophole” in our previous paper with the same title. Continue reading →

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Do memes exist?

To us, memes are like the luminiferous aether in Newtonian physics–a purely make-believe or hypothetical entity that does not really exist “out there” in space or time. In footnote 56 of our autobiographical essay, for example, we write:

… despite my general admiration* for [Richard] Dawkins, he and I completely part ways when it comes to “memes.” [*Note: I wrote these words before having read Dawkins’s dogmatic and intolerant screed The God Delusion.] Towards the end of his book [The Selfish Gene], Dawkins speculates about the spread of ideas and introduces the concept of memes in order to explain the evolution of human culture. In essence, Dawkins draws a crude analogy between memes and genes: if the evolution of living organisms is the product of changing gene frequencies over time, then the evolution of ideas must likewise be the result of the fierce competition among rival idea-memes … The problem with memes, however, is that they just plain and simple don’t exist—and pretending that they do is nothing but quackery on a par with astrology or alchemy. Memes are a fairy tale. They have no independent existence. They are unfalsifiable entities, like gods or boogie monsters.

We are by no means denying the existence of ideas. What we are denying is that ideas come in discrete packages called “memes.” After all, aside from simply offering conclusory statements positing the existence of memes, how would one test for their existence?

Where did all the luminiferous ether go?

Posted in Empty set, History, Philosophy, Science | Tagged , | 1 Comment

“What scientific idea is ready for retirement?”

That’s the 2014 annual question posted on the website edge.org. (Previous Edge questions include “What is your dangerous idea?” (2006) and “What questions are you asking yourself?” (1998).) As we explain in our post of 8.31.14, we would retire Richard Dawkins’s evolutionary theory of memes.

What?

Posted in Philosophy, Science | Tagged , | 4 Comments

The economics of parking

Are there too few parking spaces in your city or campus … or too many? Professors Mikhail Chester, Arpad Horvath, and Samer Madanat try to calculate the social costs of parking in their six-page report “Parking Infrastructure and the Environment” published in 2011. (By the way, why can’t papers by legal scholars be this short?)

Where do I park?

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Earth at night

What does this beautiful night map tell us about the relationship between population density and prosperity? Image courtesy of NASA Earth Observatory.

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Self-defense?

How many civilians, on average, do police forces in the United States kill each year? Legal scholar Richard Epstein, however, asks a different lethal-force question:

Police officer deaths in the line of duty, year to date for 2014, were 67 of which 27 were by gunfire. For the full year of 2013, the numbers were 105 total deaths, with 30 by gunfire. It would be odd to say that police officer deaths (which are more common than deaths to citizens from police officers) should not count…

In fact, according to the folks at DataLab at FiveThirtyEight, Richard Epstein has his facts wrong. The police kill on average 1000 people a year. (Hat tip to Alex Tabarrok.)

License to kill?

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100-metre dash

Jamaica’s Usain Bolt is still the fastest man on the planet.

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The legal philosophy of red-light cameras

Many cities around the world have installed high-tech red-light cameras at busy intersections to increase safety and raise traffic revenues — although some cities are already starting to phase-out these cameras. The debate over the legality of such cameras not only presupposes that many drivers run red lights; it also raises deep questions about the nature of law. The British legal philosopher H.L.A. Hart, for example, drew what many legal scholars now consider a crucial distinction between two types of legal observers or points of view: “external” observers and “internal” ones. So, what’s the difference, pray tell? According to Hart, external observers focus exclusively on the frequency of compliance or evasion with a given legal rule:

His view [i.e. the point of view of an “external” observer] will be like the view of one who, having observed the working of a traffic signal in a busy street for some time, limits himself to saying that when the light turns red there is a high probability that the traffic will stop.*

* See HLA Hart, The Concept of Law,” 3rd edition (2012), p. 90.

Internal observers, by contrast, contemplate the reasons or motives for acting in conformity with legal rules. For internal observers, “the red light is not merely a sign that others will stop: they look upon it as a signal for them to stop, and so a reason for stopping in conformity to rules which make stopping when the light is red a standard of behaviour and an obligation.” (Ibid., emphasis in original.) But is this a meaningful distinction in the real world?

Consider Hart’s simple traffic signal example again, not from the perspective of an observer, but from the perspective of actual drivers out on the road. (A better example would be posted speed limits, which hardly anyone complies with in real life, but let’s stick to Professor Hart’s own example for now.) The fact of the matter is that not every person will stop at a red light or a stop sign — have you done a “rolling stop” today? (Notice,by the way, that the rate of compliance is now easy to demonstrate empirically with traffic cameras.)

Many drivers will be tempted to run the light or stop sign and may, in fact, end up doing so, especially if there is no cross-traffic and if there are no visible police cars nearby. In other words, even so-called “internal” observers, who know the reasons for acting at a red light and know that they should stop, will adopt an “external” perspective in deciding whether to evade or comply with the traffic signal. That is, they will often choose to take a calculated gamble and evade compliance if such evasion suits their interests (e.g. saving time and avoiding the hassle of stopping). Furthermore, just because a driver stops at a red light or stop sign does not mean that he or she has adopted an internal perspective. Instead, she may have decided to stop at the intersection because she thinks that the probability of detection is high, not because she accepts the red light or stop sign as a legitimate or valid reason for stopping.

In short, Professor Hart’s philosophical digression in “The Concept of Law” about internal and external points of view is no doubt interesting but ultimately irrelevant, is it not? At the end of the day, we can measure rates of compliance (or evasion, as the case may be); we can’t measure, however, one’s internal reasons for one’s decision to comply with or evade a given legal rule. In fact, shouldn’t we be especially suspect of reasons for compliance or evasion, since such reasons are often ad hoc or are offered ex post to justify one’s behavior? (Traffic signal below courtesy of Gallery of Lights.)

Yellow = speed up?

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