Pretrial Risk Assessment Instruments in the United States

2021 ◽  
pp. 253-275
Author(s):  
Jennifer E. Copp ◽  
William Casey
2019 ◽  
Vol 1 (1) ◽  
pp. 203-234
Author(s):  
Ana Monteiro ◽  
Daniel Ferreira

The purpose of this article is to assess the risk for preventing the execution of arbitral awards made against Sovereign States due to the State’s immunity shield. Given the importance of an accurate asset pricing in the business of third-party funding (TPF), the topic entails a particular relevance to the current context of globalized litigation in light of its contribution to the promotion of TPF at the international arbitration community. After reviewing the literature on TPF, on the peculiarities of investment and commercial arbitrations against States and on the evolution of State immunity (also in terms of domestic legislation, considering the local laws passed by the United States, the United Kingdom and Australia), the article aims explore how the funder should incorporate into its risk assessment the risk of not executing awards rendered against Sovereign States.


2014 ◽  
Vol 72 (3) ◽  
pp. 1057-1068 ◽  
Author(s):  
Enric Cortés ◽  
Elizabeth N. Brooks ◽  
Kyle W. Shertzer

Abstract We review three broad categories of risk assessment methodology used for cartilaginous fish: productivity-susceptibility analysis (PSA), demographic methods, and quantitative stock assessments. PSA is generally a semi-quantitative approach useful as an exploratory or triage tool that can be used to prioritize research, group species with similar vulnerability or risk, and provide qualitative management advice. Demographic methods are typically used in the conservation arena and provide quantitative population metrics that are used to quantify extinction risk and identify vulnerable life stages. Stock assessments provide quantitative estimates of population status and the associated risk of exceeding biological reference points, such as maximum sustainable yield. We then describe six types of uncertainty (process, observation, model, estimation, implementation, and institutional) that affect the risk assessment process, identify which of the three risk assessment methods can accommodate each type of uncertainty, and provide examples mostly for sharks drawn from our experience in the United States. We also review the spectrum of stock assessment methods used mainly for sharks in the United States, and present a case study where multiple methods were applied to the same species (dusky shark, Carcharinus obscurus) to illustrate differing degrees of model complexity and type of uncertainty considered. Finally, we address the common and problematic case of data-poor bycatch species. Our main recommendation for future work is to use Management Strategy Evaluation or similar simulation approaches to explore the effect of different sources of uncertainty, identify the most critical data to satisfy predetermined management objectives, and develop harvest control rules for cartilaginous fish. We also propose to assess the performance of data-poor and -rich methods through stepwise model construction.


2017 ◽  
Vol 100 ◽  
pp. 265-273 ◽  
Author(s):  
Nicole J. Mitchell ◽  
Chen Chen ◽  
Jeffrey D. Palumbo ◽  
Andreia Bianchini ◽  
Jack Cappozzo ◽  
...  

2020 ◽  
Vol 1 (1) ◽  
pp. 1-3
Author(s):  
Alvin L Young

In 1994, the United States Congress established 35 Colleges or Universities on Reservation Lands of the Native Americans throughout the Midwest and Western United States. These new institutions were provided annual funds from the United States Department of Agriculture for education, research and extension, components of the Land-Grant system. Today, issues related to risk assessment and risk management confront tribal decision-makers as they cope with risks, both real and perceived, that include the transportation of hazardous materials through the reservation, the clean-up of contaminated sites within the reservation, the environmental restoration of Federal facilities, the siting of waste treatment, storage, and disposal facilities, the development of tribal mineral and other natural resources, and the construction and operation of industrial and commercial facilities within the reservation. Tribal decision-makers lack Indian-specific epidemiologic, genetic, and cultural information that impact current risk assessment models needed to incorporate tribal cultural issues. There is a need to enhance the science skills of tribal college faculty in assisting tribal councils and tribal colleges in the long-term planning and stewardship of natural resources on their reservations.


2020 ◽  
pp. 97-102
Author(s):  
Benjamin Wiggins

Can risk assessment be made fair? The conclusion of Calculating Race returns to actuarial science’s foundations in probability. The roots of probability rest in a pair of problems posed to Blaise Pascal and Pierre de Fermat in the summer of 1654: “the Dice Problem” and “the Division Problem.” From their very foundation, the mathematics of probability offered the potential not only to be used to gain an advantage (as in the case of the Dice Problem), but also to divide material fairly (as in the case of the Division Problem). As the United States and the world enter an age driven by Big Data, algorithms, artificial intelligence, and machine learning and characterized by an actuarialization of everything, we must remember that risk assessment need not be put to use for individual, corporate, or government advantage but, rather, that it has always been capable of guiding how to distribute risk equitably instead.


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