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Feature Selection Methods for Solving the Reference Class Problem: Comment on Edward K. Cheng, “A Practical Solution to the Reference Class Problem”

11th March 2010 By: James Franklin

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In "A Practical Solution to the Reference Class Problem," Edward K. Cheng usefully surveys the ways in which the problem arises in legal contexts.  Cheng argues that a practical solution to the problem lies in modern "model selection" methods which decide on the appropriate complexity of a model.  This Essay argues that a simpler area of recent statistics, the theory of feature selection methods, is more relevant.  Part I of this Essay argues that the correct reference class with which to compare a case is the set of cases which share with it all relevant features.  Part II discusses model complexity and argues that Cheng's approach is workable, but that the statistical literature provides equally credible alternative approaches, based on smoothness instead of simplicity.

Building Capacity for the Transnational Regulation of Migration

10th February 2010 By: Cristina M. Rodríguez

Regulating immigration requires lawmakers to reach beyond a unilateral "gatekeeping" strategy defined by efforts to stop migration through law enforcement and economic coercion. In their contributions to the policy debate, scholars increasingly have emphasized the importance of addressing labor and illegal migration through bilateral and transnational frameworksthrough accords that would recognize the interdependence of the United States and Mexico and engage our neighbor to the south directly through joint efforts to channel migratory flows.

In this Essay, I seek to contribute to this strand of commentary by identifying the existing mechanisms of transnationalism and offering initial suggestions for their development, in the interest of building institutional capacity for meaningful bilateralism. These mechanisms consist of international diplomatic and information-sharing networks, cooperative ventures between administrative officials on both sides of the border, and transnational civil society networks developed to serve the needs of Mexican migrants. The cross-border administrative law space these forms of organization create is occupied not just by international entities, but also by entanglements between the domestic institutions of the United States and Mexico. In assessing these networks, I emphasize that bilateralism should be shaped to promote burden-sharing, or to ensure that both sides of the bilateral relationship reap benefits and bear costs, in rough proportion.

Managing Migration Through Crime

12th December 2009 By: Jennifer M. Chacón

Personal Sovereignty and Normative Power Skepticism

24th November 2009 By: Jody S. Kraus

"Duty-Defining Power" and the First Amendment's Civil Domain

16th November 2009 By: Timothy Zick

On Macaws and Employer Liability: A Response to Professor Zatz

27th October 2009 By: Tristin K. Green
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