The Nature and Cost of Risk and Uncertainty

TAMAR FRANKEL

BU Law emerita professor Tamar Frankel discusses risk and uncertainty to explain people’s decision making as to investments. Frankel points out that people have varying degrees of tolerance for risk and uncertainty, due in part to cultural and individual differences.

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State v. Kuhse

Docket: 18-0765

Opinion Date: January 17, 2020

Judge: Edward M. Mansfield

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court vacated the decision of the court of appeals reversing Defendant's conviction on the basis that the district court inadequately instructed the jury on Defendant's justification defense, holding that the court's failure to include "lack of justification" in the marshaling instruction was not prejudicial for ineffective assistance purposes. On appeal, Defendant argued that his trial counsel provided ineffective assistance for failing to object to the marshaling instruction, which did not mention that the State needed to prove the act was done without justification. The Supreme Court disagreed, holding that, in light of the evidence and the instructions as a whole, there was not a reasonable probability of a different outcome if justification had been covered in the marshaling instruction along with the other instructions.

Hollingshead v. DC Misfits, LLC

Docket: 18-1225

Opinion Date: January 17, 2020

Judge: David S. Wiggins

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the district court granting a Des Moines bar's motion for summary judgment and dismissing an injured party's dramshop action on the ground that the notice given to the bar or its insurance carrier did not comply with Iowa Code 123.93, holding that the notice given substantially complied with section 123.93. In its summary judgment motion, the bar contended that Plaintiff did not provide the bar with statutory notice of his intent to pursue a dramshop claim against the bar. The district court agreed and granted the motion for summary judgment. The Supreme Court reversed, holding that Plaintiff's notice substantially complied with the requirements of section 123.93.