Prove It with Figures: Empirical Methods in Law and Litigation

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Springer Science & Business Media, 31.07.1997 - 353 Seiten
"Prove It With Figures" displays some of the tools of the social and statistical sciences that have been applied to the proof of facts in the courtroom and to the study of questions of legal importance. It explains how researchers can extract the most valuable and reliable data that can conveniently be made available, and how these efforts sometimes go awry. In the tradition of Zeisel's "Say It with Figures," a standard in the field of social statistics since 1947, it clarifies, in non-technical language, some of the basic problems common to all efforts to discern cause-and-effect relationships. Designed as a textbook for law students who seek an appreciation of the power and limits of empirical methods, the work also is a useful reference for lawyers, policymakers, and members of the public who would like to improve their critical understanding of the statistics presented to them. The many case histories include analyses of the death penalty, jury selection, employment discrimination, mass torts, and DNA profiling. Hans Zeisel was Professor of Law and Sociology Emeritus at the University of Chicago, where he pioneered the application of social science to the law. Earlier, he had a distinguished career in public opinion and market research. He has written on a wide variety of topics, ranging from research methodology and history to law enforcement, juries, and Sheakespeare. He was elected Fellow of the American Statistical Assoication and the American Association for the Advancement of Science, and in 1980 he was inducted into the Market Research Hall of Fame. David Kaye is Regents Professor at the Arizona State University, where he teaches evidence and related topics. An author of several law textbooks and treatises, his work also has appeared in journals of

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The Search for Causes An Overview
7
The Controlled Randomized Experiment
11
21 A nearly perfect experiment
12
22 Eliminating bias in selecting subjects
14
23 Limits to experimentation
16
24 The halfaloaf experiment
18
25 Simulation
20
26 Limits to extrapolation
27
78 Convenience samples
123
79 Summary
124
Critical questions
125
Content Analysis
127
81 A study of the House UnAmerican Activities Committee
128
82 Pretrial publicity
134
83 The Federalist Papers
138
Bibliography
140

Critical Questions
31
Inferring Causes from Observational Studies
33
31 Diphtheria antitoxin
35
33 Capital punishment in Florida
38
34 Polio vaccines
39
35 Police intervention and domestic violence
41
36 Nofault divorce
43
38 Summary
47
Critical questions
48
Epidemiologic Studies
51
41 Types of studies
52
42 Agent Orange
56
43 Breast implants
59
44 Tobacco smoke
63
45 Asbestos
66
46 Bendectin
68
47 Electromagnetic fields
70
48 Summary
74
Summing Up Replication and Triangulation
75
51 Estimating socially significant numbers
76
52 Triangulations in the Census
77
53 Unanimity and hung juries
80
54 Opposition to the death penalty and the propensity to vote guilty
81
55 Sentence variation from judge to judge
82
Bibliography
83
Coincidence and Significance
85
61 Pvalues
86
62 Significance
91
63 Power
94
65 Multiple testing
98
66 Interval estimates
100
67 Other hypotheses
102
68 Posterior probabilities
103
Critical questions
105
Bibliography
106
Sampling
107
72 The miracle of sampling
109
73 Some sources of bias
111
74 Drawing a probability sample
112
75 Sample size
114
nonresponse bias
116
77 Quota samples
122
Surveys and Change of Venue
141
91 History of survey acceptance
142
92 Change of venue law
144
93 Mitsubishi in Silicon Valley
147
94 The Pontiac prison cases
148
95 Civil litigation
149
96 The limits of voir dire
150
Bibliography
152
Trademark Surveys Genericness
153
102 The Teflon surveys
156
103 Variations of the Teflon survey
158
Bibliography
159
Trademark Surveys Confusion
161
111 Realism
162
112 How close a look?
164
113 Who puts out this design?
168
114 Altering the specimen
170
115 Controlling for top of mind responses
171
116 Anticipating market entry
172
117 Addressing the relevant issue
173
118 Depressors and aggrandizers
176
119 Summary
178
Bibliography
180
The Jury Composition and Selection
181
122 Selecting the jury venire
183
123 Selecting from the venire
190
124 Juror selection surveys
197
Bibliography
203
DNA Profiling Probabilities and Proof
205
131 VNTR profiling
206
132 Match windows
210
133 Match probabilities and the basic product rule
212
134 Objections to the basic product rule
218
135 Ceiling frequencies
220
136 Uniqueness
222
137 Random match probabilities and prejudice
223
138 Beyond matching and binning
226
Bibliography
229
Notes
231
Glossary
327
List of Cases
351
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