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And so far we have really only approached the most basic aspects of the error rule.
Such a failure to object is often but not always fatal, and the question for the justices involved, as Justice Anthony M. Kennedy put it, "the metaphysics of the plain error rule".
Therefore, in Section 3.4.3 of their book Breiman et al.[25] define the one standard error rule (1 SE rule) for choosing an optimal tree size, and they implement it throughout the book.
The one standard error rule was applied to select the best tree (the smallest tree within 1 standard error of the minimum error tree).
These DA neurons' responsiveness appears to encode a wide range of novel and reward-related events through a prediction error rule [6] [8].
These dopamine neurons' responsiveness appears to encode a wide range of novel and reward-related events through a prediction error rule [5] [9].
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Modern rational-basis review is arguably even more deferential than the clear-error rule and it is our constitutional default across the board.
If McGinnis is correct that Thayer's clear-error rule is, indeed, clearly erroneous (and I believe that he is), so, too, is the constitutional default described in FCC v. Beach Communications.
In this article, Thayer articulated what became known as the "clear-error rule," arguing that a court should only strike down a congressional statute if its unconstitutionality is "so clear that it is not open to rational question".
McGinnis distinguishes the duty of clarity from the sweepingly deferential "clear-error rule" articulated by Harvard law professor James Bradley Thayer, who argued (in one of the most influential articles in the history of American constitutional law) that judges should only strike down congressional statutes if their unconstitutionality is "so clear that it is not open to rational question".
To take just one of many possible examples, Whelan's colleague, Matthew Franck, took me to task during a recent exchange for criticizing the clear-error rule, arguing that the rule is "as old, and as valid, as the Constitution it seeks to honor" and that "judges today should in fact work harder to conform to it".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com