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Full-Text Articles in Law

Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo Dec 2023

Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo

Faculty Scholarship

When can scientific findings from experimental psychology be confidently applied to legal issues? And when applications have clear limits, do legal commentators readily acknowledge them? To address these questions, we survey recent findings from an emerging field of research on research (i.e., metaresearch). We find that many aspects of experimental psychology’s research and reporting practices threaten the validity and generalizability of legally relevant research findings, including those relied on by courts and policy-setting bodies. As a case study, we appraise the empirical claims relied on by commentators claiming that implicit bias deeply affects legal proceedings and practices, and that training …


Replicability In Empirical Legal Research, Jason Chin, Kathryn Zeiler Oct 2021

Replicability In Empirical Legal Research, Jason Chin, Kathryn Zeiler

Faculty Scholarship

As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review article, we summarize the current state of ELR relative to the broader movement towards …


Soft Skills - The Importance Of Cultivating Emotional Intelligence, Ronald E. Wheeler Jan 2016

Soft Skills - The Importance Of Cultivating Emotional Intelligence, Ronald E. Wheeler

Faculty Scholarship

Organizations hire people for their hard skills, but they end up firing people for their lack of soft skills. In this brief essay, Professor Wheeler, an experienced law library director and personnel manager, discusses soft skills and their importance in the workplace. He posits that emotional intelligence is the basis of what we commonly call soft skills, and although for some these skills are innate, they can be developed and sharpened over time. Wheeler uses personal anecdotes to illustrate how emotional intelligence has enhanced his own professional life.


The Novel New Jersey Eyewitness Instruction Induces Skepticism But Not Sensitivity, Athan Papailiou, David Yokum, Christopher Robertson Dec 2015

The Novel New Jersey Eyewitness Instruction Induces Skepticism But Not Sensitivity, Athan Papailiou, David Yokum, Christopher Robertson

Faculty Scholarship

In recent decades, social scientists have shown that the reliability of eyewitness identifications is much worse than laypersons tend to believe. Although courts have only recently begun to react to this evidence, the New Jersey judiciary has reformed its jury instructions to notify jurors about the frailties of human memory, the potential for lineup administrators to nudge witnesses towards suspects that they police have already identified, and the advantages of alternative lineup procedures, including blinding of the administrator. This experiment tested the efficacy of New Jersey’s jury instruction. In a 2×2 between-subjects design, mock jurors (N = 335) watched a …