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Articles 1 - 12 of 12

Full-Text Articles in Law

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun Dec 2015

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun

Robert MacCoun

No abstract provided.


Unintended Consequences Of Court Arbitration: A Cautionary Tale From New Jersey, Robert Maccoun Dec 2015

Unintended Consequences Of Court Arbitration: A Cautionary Tale From New Jersey, Robert Maccoun

Robert MacCoun

No abstract provided.


Media Reporting Of Jury Verdicts: Is The Tail (Of The Distribution) Wagging The Dog, Robert Maccoun Dec 2015

Media Reporting Of Jury Verdicts: Is The Tail (Of The Distribution) Wagging The Dog, Robert Maccoun

Robert MacCoun

No abstract provided.


Differential Treatment Of Corporate Defendants By Juries: An Examination Of The Deep-Pocket Hypothesis, Robert Maccoun Dec 2015

Differential Treatment Of Corporate Defendants By Juries: An Examination Of The Deep-Pocket Hypothesis, Robert Maccoun

Robert MacCoun

No abstract provided.


Experimental Research On Jury Decision-Making, Robert Maccoun Dec 2015

Experimental Research On Jury Decision-Making, Robert Maccoun

Robert MacCoun

Because trial juries deliberate in secrecy, legal debates about jury functioning have relied heavily on anecdote & speculation. In recent years, investigators have begun to challenge many common assumptions about jury behavior. An important tool in this effort has been the mock jury experiment, in which research participants are randomly assigned to alternative trial conditions & asked to reach a verdict in a simulated case. Researchers have used mock jury experiments to test hypotheses about causal influences on jury behavior & to develop theoretical models of the jury deliberation process. HA


Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz Dec 2015

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Robert MacCoun

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …


In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner Dec 2015

In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner

Robert MacCoun

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …


Symbolism And Incommensurability In Civil Sanctioning: Decision Makers As Goal Managers, Jennifer Robbennolt, John Darley, Robert Maccoun Dec 2015

Symbolism And Incommensurability In Civil Sanctioning: Decision Makers As Goal Managers, Jennifer Robbennolt, John Darley, Robert Maccoun

Robert MacCoun

No abstract provided.


Comparing Legal Factfinders: Real And Mock, Amateur And Professional, Robert Maccoun Dec 2015

Comparing Legal Factfinders: Real And Mock, Amateur And Professional, Robert Maccoun

Robert MacCoun

No abstract provided.


Estimating Liability Risks With The Media As Your Guide, Daniel Bailis, Robert Maccoun Dec 2015

Estimating Liability Risks With The Media As Your Guide, Daniel Bailis, Robert Maccoun

Robert MacCoun

Argues that the media exaggerates the number of multimillion-dollar awards in lawsuits; US.


Transcription Of Keynote Speakers' Address, Robert Maccoun, Peter Reuter Dec 2015

Transcription Of Keynote Speakers' Address, Robert Maccoun, Peter Reuter

Robert MacCoun

No abstract provided.


In The Eye Of The Beholder: Tort Litigants’ Evaluations Of Their Experiences In The Civil Justice System, Judith Resnik, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner, Deborah Hensler, Tom Tyler Dec 2015

In The Eye Of The Beholder: Tort Litigants’ Evaluations Of Their Experiences In The Civil Justice System, Judith Resnik, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner, Deborah Hensler, Tom Tyler

Robert MacCoun

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …