What's New and Useful in Law Analysis Technology?*

Abstract
Decision-aiding software is probably the most important technological innovation from the perspective of lawyer decision-making, as contrasted to efficient office management. That kind of technological breakthrough can be helpful to lawyers in negotiating settlements favorable to their clients without expensive litigation. The technology makes use of benefit-cost analysis, multi-criteria decision analysis, spreadsheet software, and especially super-optimizing analysis whereby plaintiffs, defendants, and other parties can all come out ahead of their best initial expectations simultaneously. Decision-aiding software can also be helpful to lawyers in evaluating alternative precedents, statutes, regulations, and other legal policies to arrive at versions favorable to their clients without an expensive adoption campaign.     

Method, Morality and the Impossibility of Legal Positivism

Abstract. The dispute between Legal Positivists (eg, Hart) and Natural Lawyers (e.g., Finnis) concerns the existence or otherwise of a necessary (conceptual) connection between law and morality. Legal Positivists such as Hart deny this connection and assert the merely contingent relationship of law and morals. However, it can be demonstrated that implicit in the valid sociological method of concept formation of post-Austinian Positivists are interpretative or ideal-typical models of the practical rationality of the legal enterprise which are not, and cannot possibly be, value-neutral. With particular attention to the work of John Finnis and his incorporation of Weberian and Aristotelian methodological principles, this paper exposes, if not the truth of Natural Law Theory, the impossibility of Legal Positivism.     

Race,prejudice and attitudes toward redistribution: A comparative experimental approach

Past work suggests that support for welfare in the United States is heavily influenced by citizens' racial attitudes. Indeed, the idea that many Americans think of welfare recipients as poor Blacks (and especially as poor Black women) has been a common explanation for Americans’ lukewarm support for redistribution. This article draws on a new online survey experiment conducted with national samples in the United States, the United Kingdom and Canada, designed to extend research on how racialised portrayals of policy beneficiaries affect attitudes toward redistribution. A series of innovative survey vignettes has been designed that experimentally manipulate the ethno‐racial background of beneficiaries for various redistributive programmes. The findings provide, for the first time, cross‐national, cross‐domain and cross‐ethno‐racial extensions of the American literature on the impact of racial cues on support for redistributive policy. The results also demonstrate that race clearly matters for policy support, although its impact varies by context and by the racial group under consideration.