Author: Donald E. Vinson,Philip K. Anthony
Publisher: Lexis Pub
This work for the litigator demonstrates how to use social and behavioral science theories in such areas as venue analysis, jury selection, trial strategy, exhibit design, and jury simulation.
Empirical Methods in Law and Litigation
Author: Hans Zeisel,David Kaye
Publisher: Springer Science & Business Media
Category: Social Science
Prove It With Figures displays some of the tools of the social and statistical sciences that have been applied in the courtroom and to the study of questions of legal importance. It explains how researchers can extract the most valuable and reliable data that can conveniently be made available, and how these efforts sometimes go awry. In the tradition of Zeisel's standard work "Say It with Figures," the authors clarify, in non-technical language, some of the basic problems common to all efforts to discern cause-and-effect relationships. Designed as a textbook for law students who seek an appreciation of the power and limits of empirical methods, this is also a useful reference for lawyers, policymakers, and members of the public who would like to improve their critical understanding of the statistics presented to them. The many case histories include analyses of the death penalty, jury selection, employment discrimination, mass torts, and DNA profiling.
Implications for the Law
Author: Willem H. van Boom
Publisher: Taylor & Francis
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Author: Alan Bryman
Publisher: Psychology Press
Category: Social Science
Heinrich Schenker: A Research and Information Guide is an annotated bibliography concerning both the nature of primary sources related to the composer and the scope and significance of the secondary sources which deal with him, his compositions, and his influence as a composer and theorist.
Reducing Risks of Ethical Infractions and Malpractice
Author: G. Andrew H. Benjamin,Jackie K. Gollan
Publisher: Amer Psychological Assn
Provides a child assessment protocol for both families and evaluators to minimize malpractice or ethical infractions.
The Right to Joburg
Author: Marius Pieterse
Rights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.
Patterns, Conflicts, Narratives
Author: Livia Holden
Publisher: Taylor & Francis
Cultural Expertise and Litigation addresses the role of social scientists as a source of expert evidence, and is a product of their experiences and observations of cases involving litigants of South Asian origin. What is meant in court by "culture," "custom" and "law"? How are these concepts understood by witnesses, advocates, judges and litigants? How far are cross-cultural understandings facilitated - or obscured - in the process? What strategies are adopted? And which ones turn out to be successful in court? How is cultural understanding – and misunderstanding – produced in these circumstances? And how, moreover, do the decisions in these cases not only reflect, but impact, upon the law and the legal procedure? Cultural Expertise and Litigation addresses these questions, as it elicits the patterns, conflicts and narratives that characterize the legal role of social scientists in a variety of de facto plural settings – including immigration and asylum law, family law, citizenship law and criminal law.
Author: Michael O. Finkelstein,Bruce Levin
Category: Social Science
This classic text, first published in 1990, is designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law. The third edition includes over twenty new sections, including the addition of timely topics, like New York City police stops, exonerations in death-sentence cases, projecting airline costs, and new material on various statistical techniques such as the randomized response survey technique, rare-events meta-analysis, competing risks, and negative binomial regression. The book consists of sections of exposition followed by real-world cases and case studies in which statistical data have played a role. The reader is asked to apply the theory to the facts, to calculate results (a hand calculator is sufficient), and to explore legal issues raised by quantitative findings. The authors' calculations and comments are given in the back of the book. As with previous editions, the cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, sampling for insurance audits, and the death penalty. A chapter on epidemiology was added in the second edition. In 1991, the first edition was selected by the University of Michigan Law Review as one of the important law books of the year.
Author: Alexandra Lahav
Publisher: Oxford University Press
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
Scientific Knowledge and the Federal Courts
Author: Kenneth R. Foster,Peter W. Huber
Publisher: MIT Press
Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability.
A Guidebook for the Social Sciences
Author: Gabe Ignatow,Rada Mihalcea
Publisher: SAGE Publications
Category: Social Science
Online communities generate massive volumes of natural language data and the social sciences continue to learn how to best make use of this new information and the technology available for analyzing it. Text Mining: A Guidebook for the Social Sciences brings together a broad range of contemporary qualitative and quantitative methods to provide strategic and practical guidance on analyzing large text collections. This accessible book, written by sociologist Gabe Ignatow and computer scientist Rada Mihalcea, surveys the fast-changing landscape of data sources, programming languages, software packages, and methods of analysis available today. Suitable for novice and experienced researchers alike, the book will help readers use text mining techniques more efficiently and productively.
Author: Jonathan Michie
Category: Social Science
This 2-volume work includes approximately 1,200 entries in A-Z order, critically reviewing the literature on specific topics from abortion to world systems theory. In addition, nine major entries cover each of the major disciplines (political economy; management and business; human geography; politics; sociology; law; psychology; organizational behavior) and the history and development of the social sciences in a broader sense.