The 1954 landmark school desegregation decision of the U.S. Supreme Court, Brown v. Board of Education,  was part of one of the most extensive and tumultuous social/legal  movements in the nation’s history. The authors of this study employ the  school desegregation movement to examine the role of social scientists,  and social science, in the litigation process. Covering seventeen  desegregation cases in litigation after 1970, they bring together the  perspectives of judges, lawyers, and social scientists in a work sure to  be of interest to all concerned with the court process, public policy,  applied social science, conflict resolution, and the continuing process  of school integration.The authors focus not only on the legal issues but  also on the broader issues of conflict resolution, managed social  change, and the public role of social science. They first provide a  chronicle of the events leading up to the Brown case, and then a  thorough and detailed analysis of the social science expert witnesses  called upon to testify in the desegregation cases that followed. In the  course of their research, they interviewed 90 scientists who appeared as  witnesses, 70 lawyers who tried these cases for both plaintiff and  defense groups, and 10 trial judges who presided in the cases. No other  study has been so broadly encompassing, both in the number of cases and  in the span of time involved.

Social Science in Court: Mobilizing Experts in the School Desegregation Cases

Politics & Social Sciences

Sanders, Joseph

Chesler, Mark A.

Kalmuss, Debra S.

Sociology

University of Wisconsin Press

The 1954 landmark school desegregation decision of the U.S. Supreme Court, Brown v. Board of Education, was part of one of the most extensive and tumultuous social/legal movements in the nation’s history. The authors of this study employ the school desegregation movement to examine the role of social scientists, and social science, in the litigation process. Covering seventeen desegregation cases in litigation after 1970, they bring together the perspectives of judges, lawyers, and social scientists in a work sure to be of interest to all concerned with the court process, public policy, applied social science, conflict resolution, and the continuing process of school integration.The authors focus not only on the legal issues but also on the broader issues of conflict resolution, managed social change, and the public role of social science. They first provide a chronicle of the events leading up to the Brown case, and then a thorough and detailed analysis of the social science expert witnesses called upon to testify in the desegregation cases that followed. In the course of their research, they interviewed 90 scientists who appeared as witnesses, 70 lawyers who tried these cases for both plaintiff and defense groups, and 10 trial judges who presided in the cases. No other study has been so broadly encompassing, both in the number of cases and in the span of time involved.

It is a fundamental human impulse to seek restitution or retribution when a wrong is done, yet individuals and societies assess responsibility and allocate punishment for wrongdoing in different ways. This book investigates how average citizens in the United States and Japan think about and judge various kinds of wrongdoing, how they determine who is responsible when things go wrong, and how they prefer to punish offenders. Drawing on the results of surveys they conducted in Detroit, Michigan, and Yokohama and Kanazawa, Japan, the authors compare both individual and cultural reactions to wrongdoing. They find that decisions about justice are influenced by whether or not there seems to be a social relationship between the offender and victim: the American tendency is to see actors in isolation while the Japanese tendency is to see them in relation to others. The Japanese, who emphasize the importance of role obligations and social ties, mete out punishment with the goal of restoring the offender to the social network. Americans, who acknowledge fewer "ties that bind" and have firmer convictions that evil resides in individuals, punish wrongdoers by isolating them from the community. The authors explore the implications of "justice among friends" versus "justice toward strangers" as approaches to the righting of wrongs in modern society. Their findings will be of interest to students of social psychology, the sociology of law, and Japanese studies.

Everyday Justice: Responsibility and the Individual in Japan and the United States

Hamilton, V. Lee

Social Sciences

Yale Univ Pr

Courts, Law, and Politics in Comparative Perspective

This comprehensive book compares the intersection of political forces and legal practices in five industrial nations―the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Provine, Doris Marie

Jacob, Herbert

Blankenburg, Erhard

Kritzer, Herbert M.

Criminal Law

Yale University Press

The material addresses the application of negligence, misrepresentation, and warranty law to products cases. Also addresses various aspects of strict tort liability. Specific topics are broken out to help teachers easily choose among topics. Deals with causation, scope of liability, punitive damages, contribution and indemnity, defenses, and parties and transactions governed by strict liability-covers issues that are relevant to all pertinent theories of recovery.

Cases and Materials on Products Liabilit (American Casebook Series)

FISCHER, DAVID

GREEN, MICHAEL

Powers Jr., William

Rules & Procedures

West Academic Publishing

This book features the following salient topics: Admissibility of Scientific Evidence, A Functional Taxonomy of Expertise Ethical Standards of and Concerning Expert Witnesses; The Scientific Method; The Logic of Drawing Inferences From Empirical Evidences; Statistical Proof; Multiple Regression; Survey Research; Toxicology and Epidemiology.

Modern Scientific Evidence: Standards, Statistics, and Research Methods, 2008 Student ed. (American Casebook Series)

Faigman, David

Saks, Michael

Cheng, Edward

This book features the following salient topics: the General Assumptions and Rationale of Forensic Identification; DNA Typing; Parentage Testing; Fingerprint Identification; Handwriting Identification; Firearms and Tool Mark Identification; Bullet Lead Analysis; Identification from Bite Marks; Talker Identification; Polygraph Tests; Fires, Arsons, and Explosions; and Alcohol and Drug Testing.

Modern Scientific Evidence: Forensics, 2008 Student Edition (Coursebook)

The material addresses the application of negligence, misrepresentation, and warranty law to products cases. Also addresses various aspects of strict tort liability. Specific topics are broken out to help teachers easily choose among topics. Deals with causation, scope of liability, punitive damages, contribution and indemnity, defenses, and parties and transactions governed by strict liability—covers issues that are relevant to all pertinent theories of recovery.

Products Liability: Cases and Materials (American Casebook Series)

Green, Michael D.

Powers, William, Jr.

Law Practice

West Group

Covers the evolution of the basic building blocks of modern tort law. Includes revised chapters on product liability, insurance, and non-tort alternatives. Minimally edited cases make this edition a good vehicle for teaching first-year students the essential techniques of case analysis and legal method. Includes chapters on negligence, causation and plaintiff's conduct as a contributing cause, nuisance, misrepresentation and tortious interference with contract and prospective contract, false imprisonment and misuse of legal process, constitutional torts, and immunities.

Cases and Materials on the Law of Torts (American Casebook Series)

Meeks, James E.

Pryor, Ellen S.

Business

West Academic

This book is a student edition spin-off from the popular Science Law. The authors introduce law students to the rigors and details underlying scientific expert testimony, offering an entry point to a host of scientific fields that are highly relevant to the law. The book is designed to acquaint law students with scientific fields that are crucial to practicing law. Topics covered include insanity and diminished capacity, predictors of violence, sexual aggressors, battered women or children, rape trauma syndrome, children's memory and testimony, eyewitness identifications, hypnosis, repressed memories, gender stereotyping, and polygraph tests.

Faigman, Kaye, Saks, and Sanders' Science in the Law: Social and Behavioral Science Issues (American Casebook Series)

Kaye,David

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