Download or read book The Use of Social Science Data in Supreme Court Decisions written by Rosemary J. Erickson and published by University of Illinois Press. This book was released on 1998 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.
Download or read book Social Science in Law written by John Monahan and published by . This book was released on 2006 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication incorporates Dauber v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence in addition to new Daubert-based cases cited throughout the book. The book offers an in-depth discussion of the growing use of survey methods to establish damages in mass tort cases. The authors have integrated the latest Web site addresses to aid in further social science and legal research. It includes selections from two handbooks: the Federal Judicial Center Reference Manual on Scientific Evidence and West's? Modern Scientific Evidence.
Download or read book Social Science Social Policy and the Law written by Patricia Ewick and published by Russell Sage Foundation. This book was released on 1999-06-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
Download or read book Social Science in Law written by John Monahan and published by . This book was released on 1990 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statistical Science in the Courtroom written by Joseph L. Gastwirth and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.
Download or read book Law Social Science and the Criminal Courts written by Alisa Smith and published by . This book was released on 2004 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in the field of criminal justice and law and society. Unlike any other available undergraduate text, this book integrates legal cases and empirical research on social science questions confronted by the criminal courts. In other words, it examines how social science impacts criminal law and procedure. The book is organized around the criminal court process beginning with issues related to pretrial proceedings and ending with issues concerning sentencing. Specifically, the book provides an introduction to the history of social science used by the courts and the types of social science admitted as evidence in the courts. The chapters that follow provide seminal legal cases and empirical, social science research on a variety of topics ranging from pretrial publicity and racial profiling to Megan's Law and the death penalty. Smith introduces students to the "law in action" by demonstrating how social science influences the courts and the courts influence society. Moreover, students are given the opportunity to critically review court opinions and social science studies that test some of the assumptions relied on by the courts in rendering their decisions. Sociology of law, law and society, and criminal justice students will find this book interesting, raise questions about the influence of law on society and whether empirical research helps or hinders grounded judicial decision-making. The teacher's manual accompanying the book provides a wealth of information about Internet-based resources, student activities, and videos to encourage student discussion and identify relevant current events.
Download or read book Social Scientists for Social Justice written by John P. Jackson, Jr. and published by NYU Press. This book was released on 2001-11-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the twentieth century's landmark Supreme Court cases, Brown v. Board of Education, social scientists such as Kenneth Clark helped to convince the Supreme Court Justices of the debilitating psychological effects of racism and segregation. John P. Jackson, Jr., examines the well-known studies used in support of Brown, such as Clark’s famous “doll tests,” as well as decades of research on race which lead up to the case. Jackson reveals the struggles of social scientists in their effort to impact American law and policy on race and poverty and demonstrates that without these scientists, who brought their talents to bear on the most pressing issues of the day, we wouldn’t enjoy the legal protections against discrimination we may now take for granted. For anyone interested in the history and legacy of Brown v. Board of Education, this is an essential book.
Download or read book The Supreme Court and Social Science written by Paul L. Rosen and published by Urbana: University of Illinois Press. This book was released on 1972 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Science in Court written by Michael Freeman and published by Routledge. This book was released on 2019-05-23 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.
Download or read book Social Science Methods in the Legal Process written by Noreen L. Channels and published by Government Institutes. This book was released on 1985 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first to provide a systematic introduction to the methods of social science for the legal professions and decision-makers in public policy fields. Designed as both a text and a convenient reference, the book provides an understanding of all the elements in the research process and acquaints the reader with the choices that are available in designing and conducting research. A particularly useful feature is each chapter's examination of research cited in specific court or public policy decisions, together with discussion of possible legal applications of various research approaches.
Download or read book Law and the Social Sciences written by Stanton Wheeler and published by . This book was released on 1986 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context--reflecting social relations, for example, or precipitating social changes--is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law. Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field. Each chapter is both an exposition of its author's point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes--the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits--that are significant to observers not only of our legal institutions but of other social systems as well.
Download or read book Children Social Science and the Law written by Bette L. Bottoms and published by Cambridge University Press. This book was released on 2002-06-10 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book broadens our conceptualization of the topic of children and law, addressing a wide-ranging set of issues in need of attention. The authors confront many difficult questions such as: Are the rights that our nation's laws ascribe to children commensurate with their capabilities and needs? How should laws governing the punishment of crime acknowledge developmental differences between adult and juvenile offenders? Throughout the book, the authors consider (a) current laws and policies relating to children; (b) how social science research can test assumptions behind child-relevant laws and policies; (c) ways that courts can become more receptive to social science recommendations; and (d) challenges faced in the 21st century as our society continues its struggle to accommodate children's concerns within our legal system. With its unique integration of psychological research, social policy, and legal analysis, the volume is an important resource for any professional concerned with children and the law.
Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Download or read book Social Research in the Judicial Process written by Wallace D. Loh and published by Russell Sage Foundation. This book was released on 1984-09-17 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.
Download or read book Routledge Handbook of Family Law and Policy written by John Eekelaar and published by Routledge. This book was released on 2020-07-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Download or read book Law and the Social Sciences in the Second Half Century written by Julius Stone and published by U of Minnesota Press. This book was released on 1966 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author, a distinguished authority on law, provides an illuminating and challenging discussion of the social aspects of law and legal problems. As a background to some penetrating observations, he takes stock of the contributions and interrelations of.
