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Juries, Lay Judges, and Mixed Courts
Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.
Trademark and Deceptive Advertising Surveys
Focusing on the issues that trademark surveys address, this book offers practical tools for recognizing and appreciating good survey methodology and distinguishing valuable evidence. The authors examine design and analysis topics relevant when presenting, defending, or critiquing a survey. Combining theory and practice in one resource, it features actual and hypothetical cases while discussing how the courts have addressed these issues. Current and authoritative, this book provides strategic guidance on how to identify important issues, understand options, and the best way to handle them.
Jury Ethics
Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these...
How Does Law Matter?
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
The Psychological Foundations of Evidence Law
Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the...
New Horizons in International Commercial Arbitration and Beyond
ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
The Trial Process
As noted in the Preface to Volume 1 in this series, the goal of Perspectives in Law and Psychology is to provide a forum for books aimed at systemati cally interfacing the two disciplines. Toward this end, Volume 1 pre sented a collection of original writings focused on the criminal justice system that grew out of a conference held at the University of Nebraska at Lincoln. Because that volume was based on conference proceedings, however, an attempt was not made to provide thorough coverage of all law-psychology issues in the criminal justice system; rather, it highlight ed a select few issues that were currently being investigated by some of the outstanding people in the field. This volume differs substantially from the first in that it attempts to bring together those psycholegal scholars who are doing the major re search on the trial process today and provides broad coverage of critical research on the trial. Thus, the chapters not only provide an extensive review of existing literature in this field but also present new contribu tions by these scholars.
An Introduction to Empirical Legal Research
An Introduction to Empirical Legal Research introduces empirical methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results.
Jury Decision Making
While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making, Dennis J. Devine examines over 50 years of research on juries and offers a "big picture" overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
