Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Where's The Party: Do Class Action Plaintiffs Really Prefer State Courts?, Neil J. Marchand
Where's The Party: Do Class Action Plaintiffs Really Prefer State Courts?, Neil J. Marchand
Neil J. Marchand
Scholars and interest groups have discussed litigants’ behavior in the class action context. This paper uses empirical data to determine whether class action plaintiffs actually prefer to litigate their suits in state courts. Despite well-reasoned conjectures on the subject, to date there is a paucity of empirical data on class action litigation, especially at the state court level. This scarcity has thwarted analysis of the likelihood of class certification in the state courts, the Class Action Fairness Act of 2005’s (CAFA) total impact on the judiciary, and the predictability of class action litigation. This study aims to start filling the …
Class Action Activity In Michigan's State And Federal Courts, Neil J. Marchand
Class Action Activity In Michigan's State And Federal Courts, Neil J. Marchand
Neil J. Marchand
This paper represents the first choice of forum analysis for class action suits filed in Michigan’s courts. This paper also analyzes the Class Action Fairness Act’s (CAFA) effects at the state court level, examining CAFA’s effects on Michigan’s state and federal courts. For Michigan’s state courts, available empirical data from January 2000 through December 2007 shows a decrease in state court class action filings, with a significant decline in filings starting in 2002 and ending in 2004. For Michigan’s federal courts, empirical data from July 2001 through June 2007 shows a modest decrease in class action filings. Four hypotheses are …
False Confessions: Causes, Consequences And Implications, Richard A. Leo
False Confessions: Causes, Consequences And Implications, Richard A. Leo
Richard A. Leo
In the last two decades, hundred of convicted prisoners have been exonerated by DNA and non-DNA evidence, revealing that police-induced false confessions are a leading cause of the wrongful conviction of the innocent. This article reviews the empirical research on the causes and correlates of false confessions. After looking at the three sequential processes that are responsible for the elicitation of false confessions - misclassification, coercion and contamination - this article reviews the three psychologically distinct types of false confession (voluntary, compliant and persuaded) and then discusses the consequences of introducing false confession evidence in the criminal justice system. The …
Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould
Studying Wrongful Convictions: Learning From Social Science, Richard A. Leo, Jon B. Gould
Richard A. Leo
There has been an explosion of legal scholarship on wrongful convictions in the last decade, reflecting a growing concern about the problem of actual innocence in the criminal justice system. Yet criminal law and procedure scholars have engaged in relatively little dialogue or collaboration on this topic with criminologists. In this article, we use the empirical study of wrongful convictions to illustrate what criminological approaches—or, more broadly, social science methods—can teach legal scholars. After briefly examining the history of wrongful conviction scholarship, we discuss the limits of the (primarily) narrative methodology of legal scholarship on wrongful convictions. We argue that …