"The Delaware Death Penalty: An Empirical Study," (with Sheri Lynn Johnson, John H. Blume, Theordore Eisenberg, Martin T. Wells) Iowa Law Review
(forthcoming) Cornell Legal Studies Research Paper No. 12-24 (2012).
"To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards", Cornell Legal Studies Research Paper
No. 11-25 (2011).
"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Theodore Eisenberg, and Sheri Lynn Johnson) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
|American Juries: The Verdict (with N. Vidmar) (NY: Prometheus Books, 2007), (Japanese translation to be published by Nippon Hyoron Sha, Tokyo, Japan in May 2009).|
Judging the Jury (with Neil Vidmar) (New York: Plenum Press, 1986); Reissued by Perseus Press (1991).
* Excerpted in: Civil Procedure: Materials for a Basic Course, 9th ed. [and 3 earlier editions], (Westbury, NY: Foundation Press; R. H. Field, B. Kaplan and K. Clermont eds., 2007); Criminal Law and its Processes: Cases and Materials, 5th ed. (Boston: Little Brown, S. H. Kadish & S. J. Schulhofer eds., 1989), p. 378; Readings on Adversarial Justice: The American Approach to Adjudication (St. Paul, MN: West Group; S. Landsman), pp. 159-169.
* Cited by United States Supreme Court in J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994); Third Circuit Court of Appeals in U.S. v. Scarfo, 850 F.2d 1015 (1988); Fourth Circuit Court of Appeals in U.S. v. Evans, 917 F.2d 800 (1990); Eighth Circuit Court of Appeals in U.S. v. Johnson, 892 F.2d 707 (1989); Superior Court of Delaware in State v. Pennell, 583 A. 2d 1348 (1990).
Contributions to Books
|"What Difference do Juries Make?" in Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008), pp105-148. |
|"The Verdict on Juries," (with N. Vidmar) 91 Judicature 226-230 (2008): Revised chapter from American Juries: The Verdict (with N. Vidmar) (NY: Prometheus Books, 2007). |
|"The Relation Between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards" (with Theodore Eisenberg and Martin T. Wells), in Civil Juries and Civil Justice: Psychological and Legal Perspectives (New York: Springer; Brian H. Bornstein, Richard L. Wiener, Robert Schopp & Steven Willborn eds., 2008). pp. 105-115.|
|"Jurors' Evaluations of Expert Testimony: Judging the Messenger and the Message," (with Kutnjak Ivkovic) in The Jury System: Contemporary Scholarship (Hampshire, England: Ashgate Publishing Ltd., V. P. Hans ed., 2006). |
|"Jury Decision Making," (with Albertson, S., & Farley, E.) in Encyclopedia of Applied Psychology, Vol. 2 (Oxford: Elsevier Ltd; Charles Spielberger Ed., 2004), pp. 485-495.|
|(Scales used in the research to measure attitudes toward business and attitudes toward civil litigation) in Measurement of Legal Attitudes(Belmont, CA: Thomson Learning; L. S. Wrightsman, A. L. Batson, & V. A. Edkins. eds., 2004), pp. 169-172. Excerpt reprinted from Business on Trial: The Civil Jury and Corporate Responsibility (New Haven: Yale Univ. Press, 2000).|
|"Using PBL in a WebCT Faculty Development Session," (with Sicuranza, E. F., Kral, K. K., & Watson, G. H.) in Developing Faculty to Use Technology (Bolton, MA: Anker Publishers, D. G. Brown ed., 2003), pp 240-244. |
|"Integrating Active Learning and the Use of Technology in Legal Studies Courses," in The Power of Problem-Based Learning (Sterling, VA: Stylus Publishing; B. J. Duch, S. E. Groh & D. E. Allen eds., 2001). pp.141-148.|
|"Gender, Law, and Justice" (with J. McCorkel, & F.E. Schmitt), in Handbook of Justice Research in Law (NY: Kluwer Academic/Plenum Publishers; J. Sanders & V. L. Hamilton eds., 2001), pp. 301-341.|
|"Juries," in Encyclopedia of Psychology (Washington, DC: American Psychological Association/Oxford University Press; A. E. Kazdin ed., 2000).|
|“The Jury on Trial” (with A. I. Appel), in Handbook of Jury Research (Philadelphia, PA: American Law Institute-American Bar Association; W.F. Abbott & J. Batt, 1999) pp. 3-1 to 3-23.|
|“The Concept of Boundaries in the Practices and Products of Sociolegal Research: An Introduction” (with Sarat, A., Constable, M., Engel, D., & Lawrence, S.), in Crossing Boundaries: Traditions and Transformations in Law and Society Research (Evanston, IL: Northwestern University Press; A. Sarat, M. Constable, D. Engel, V. P. Hans & S. Lawrence eds. 1998).|
|“Ideas of the ‘Everyday’ and the ‘Breach’ in Law and Society Scholarship: An Introduction” (with Sarat, A., Constable, M., Engel, D., & Lawrence, S.), in Everyday Practices and Trouble Cases (Evanston, IL: Northwestern University Press; A. Sarat, M. Constable, D. Engel, V. Hans & S. Lawrence eds., 1998), pp. 1-13.|
“Jury Selection” (with N. Vidmar), in The Psychology of the Courtroom (New York: Academic Press; N. L. Kerr and R. M. Bray eds., 1982), pp. 39-82; Excerpted in Materials for a Basic Course in Civil Procedure, 6th ed. (Westbury, NY: Foundation Press; R. H. Field, B. Kaplan & K. Clermont eds. 1990), [and later editions].
|“The Unanimity Requirement: Issues and Evidence,” A report to the Law Reform Commission of Canada, 1977. in Studies on the Jury (Ottawa: Law Reform Commission of Canada, 1979), pp. 141-179.|
|“The Effects of the Unanimity Requirement on Ratings of Jury Deliberations,” A report to the Law Reform Commission of Canada, 1978. in Studies on the Jury (Ottawa: Law Reform Commission of Canada, l979), pp. 183-211.|
"Japan’s New Lay Judge System: Deliberative Democracy in Action?" (with Corey, Zachary), 12 Asian-Pacific Law & Policy Journal
"Science in the Jury Box: Jurors’ Comprehension of Mitochondrial DNA Evidence" (with Kaye, D.H., Dann, B.M., Farley, E.J., & Albertson, S.), 35 Law and Human Behavior 60-71 (2011).
Representation Through Participation: A Multilevel Analysis of Jury Deliberations" (with E. Cornwell), Law & Society Review (forthcoming 2011).
"The Predictability of Juries" (with T. Eisenberg), 60 DePaul Law Review
"The French Jury at a Crossroads" (with Claire Germain), 86 Chicago-Kent Law Review
"Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes" (with T. Eisenberg), 94 Cornell Law Review
"A Jury of One: Opinion Formation, Conformity, and Dissent on Juries." 6 Journal of Empirical Legal Studies
"Empowering the Active Jury: A Genuine Tort Reform", 13 Roger Williams University Law Review
"Science on Trial," 34 Cornell Law Forum
4-10 (Spring, 2008).
"The Verdict on Juries," (with N. Vidmar) 91 Judicature
226-230 (2008), Revised chapter from American Juries: The Verdict
(with N. Vidmar) (NY: Prometheus Books, 2007).
"Jury Systems Around the World," 4 Annual Review of Law & Social Science 275-297 (2008).
"How Citizens Make Legal Decisions, and how Lawyers Can Help Them," (with M. Fujita) Published in Japanese in: 56 Quarterly Keiji-Bengo [Japanese Quarterly for Criminal Defense Lawyers] 108-114. (2008).
"Judges, Juries, and Scientific Evidence," 16 Journal of Law and Policy
"Introduction: Citizens as Legal Decision Makers: An International Perspective." 40 Cornell International Law Journal 303-314 (2007).
"Deliberation and Dissent: 12 Angry Men
Versus the Empirical Reality of Juries," 82 Chicago-Kent Law Review
"Statistics in the Jury Box: How Jurors Respond to Mitochondrial DNA Match Probabilities," (with Kaye, D. H., Dann, B. M., Farley, E. & Albertson, S.) 4 Journal of Empirical Legal Studies 797-834 (2007).
"Can Jury Trial Innovations Improve Juror Understanding of DNA Evidence?" (with B. Michael Dann and David H. Kaye), 255 National Institute of Justice Journal
2 (November 2006); reprinted in 40 The Prosecutor
20 (November/December 2006); Revised version published in 90 Judicature
152-156 (2007); Reprinted in 31 Champion
26 (April, 2007).
"The Twenty-First Century Jury: Worst of Times or Best of Times?" 1 Criminal Law Brief
"Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven and Zeisel's The American Jury
" (with Theodore Eisenberg, Paula Hannaford-Agor, Nicole L. Mott, G. Thomas Munsterman, Stewart J. Schwab, Martin T. Wells), 2 Journal of Empirical Legal Studies
171-206 (2005). Available at SSRN.
"Testing Jury Reforms" (with B. Michael Dann, David H. Kaye, Erin J. Farley and Stephanie Albertson), 23 Delaware Lawyer
"Jury Bias is a Special Problem in High Profile Trials," 5 Insights on Law and Society (American Bar Association/Division for Public Education) 15,18 2005.
"Capital Jurors as the Litmus Test of Community Conscience for the Juvenile Death Penalty" (with M.E. Antonio, B.D. Fleury-Steiner, and W.J. Bowers), 87 Judicature
"Too Young to be Executed: An Empirical Examination of Community Conscience and the Juvenile Death Penalty from the Perspective of Capital Jurors" (with W.J. Bowers, B. Fleury-Steiner, M.E. Antonio), 84 Boston University Law Review
"Recent Evaluative Research on Jury Trial Innovations" (with B.M. Dann), 41 Court Review
"Juror First Votes in Criminal Trials" (with S.P. Garvey, P.L. Hannaford-Agor, N.L. Mott, G.T. Munsterman, and M.T. Wells), 1 Journal of Empirical Legal Studies
Brief version published as: "Evidence, Police Credibility, and Race Affect Juror First Votes," (with Wells, M. T., Garvey, S. P., Hannaford-Agor, P., Hans, V. P., Mott, N. L., & Munsterman, G. T.), ILR Impact Brief #11 (Ithaca, NY: School of Industrial and Labor Relations, Cornell University. 2006).
"Nullification at Work? A Glimpse from the National Center for State Courts Study of Hung Juries" (with P.L. Hannaford-Agor), 78 Chicago-Kent Law Review
"Introduction: Lay Participation in Legal Decision Making," 25 Law & Policy
"Empirical Research and Civil Jury Reform," S. Albertson 78 Notre Dame Law Review
"Whiplash: Who's to Blame?" (with J. Dee), 68 Brooklyn Law Review
1093-1120 (2003); excerpted in Law and Popular Culture: Text, Notes, and Questions
(LexisNexis; David R. Papke et al., 2007), pp. 316- 318; 53 Defense Law Journal 377 (2004).
"The Hung Jury: The American Jury's Insights and Contemporary Understanding" (with P.L. Hannaford-Agor, N.L. Mott, and G.T. Munsterman), 39 Criminal Law Bulletin 33-50 (2003).
"Avoid Bald Men and People with Green Socks? Other Ways to Improve the Voir Dire Process in Jury Selection" (with A. Jehle), 78 Chicago-Kent Law Review
1179-1201 (2003); Abridged version reprinted in 8 Civil Justice Digest
Nos. 1-2 (Winter/Spring 2003).
"Juror's Evaluations of Expert Testimony: Judging the Messenger and the Message" (with S. Kutnjak Ivkovic), 28 Law and Social Inquiry
"'Speaking Rights': Evaluating Juror Discussions During Civil Trials" (with P.L. Hannaford-Agor, and G.T. Munsterman), 85 Judicature
"U.S. Jury Reform: The Active Jury and the Adversarial Ideal," 21 St. Louis University Public Law Review
"Inside the Black Box: Comment on Diamond and Vidmar," 87 Virginia Law Review
"The Power of Twelve: The Impact of Jury Size and Unanimity on Civil Jury Decision Making," 4 Delaware Law Review
"Corporate Citizenship: A Conversation Among the Law, Business, and Academia" (with Others), 84 Marquette Law Review
"Permitting Jury Discussions During Trial: Impact of the Arizona Reform" (with P.L. Hannaford and G.T. Munsterman), 24 Law and Human Behavior 359-382 (2000); reprinted in Psychology and Law: Criminal and Civil Perspectives (Hampshire, UK: Ashgate; Ronald Roesch & Nathalie Gagnon eds. 2007), pp. 295-319.
"The Timing of Opinion Formation by Jurors in Civil Cases: An Empirical Examination" (with P.L. Hannaford, N.L. Mott, and G.T. Munsterman), 67 Tennessee Law Review
"What Jurors Think About Connective Tissue Injuries," Trial 18-23 (July 2000).
"Whipped by Whiplash? The Challenges of Jury Communication in Connective Tissue Injury Lawsuits" (with N. Vadino), 67 Tennessee Law Review
569-586 (2000); reprinted in Trial Lawyers Quarterly
(2001); reprinted in 50 (3) Defense Law Journal
"What's Half a Lung Worth? Civil Juror's Accounts of Theis Award Decision Making" (with N.L. Mott and L. Simpson), 24 Law and Human Behavior 401-419 (2000); featured as Highlighted Article in Court Call (Fall, 2000).
"Amicus Brief: Kumho Tire v. Carmicheal" (with N. Vidmar, et al.), 24 Law and Human Behavior 387-400 (2000).
"Undergraduate Education in Legal Psychology" (with S.F. Fulero, E. Greene, M.T. Nietzel, M.A. Small, and L.S. Wrightsman) 23 Law and Human Behavior 137-153 (1999).
"How Much Justice Hangs in the Balance? A New Look at Hung Jury Rates" (with P.L. Hannaford and G.T. Munsterman), 83 Judicature
"The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views of Trial Participants, Judges, and Jurors" (with G.T. Munsterman and P.L. Hannaford), 32 University of Michigan Journal of Law Reform
"Illusions and Realities in Jurors' Treatment of Corporate Defendants," 48 DePaul Law Review
"The Jury Under Attack," 5 Voir Dire 4-6, 25 (Winter 1998).
"Training in Law and Psychology: Models from the Villanova Conference" (with D.N. Bersoff, J. Goodman-Delahunty, J.T. Grisso, N.G. Poythress, Jr., and R.G. Roesch), 52 American Psychologist 1301-1310 (1997).
"The Contested Role in the Civil Jury in Business Litigation," 79 Judicature
"How Juries Decide Death: The Contributions of the Capital Jury Project," 70 Indiana Law Journal
"Robin Hood Myth Challenged," National Law Journal
C1, C6, C8 (6 June 1994).
"Jurors and Experts" (with S.K. Ivkovich), 16 Advocate 16-21 (Summer 1994); reprinted in 28 Forum No. 2 (1994).
"Perceptions of Civil Justice: The Litigation Crisis Attitudes of Civil Jurors" (withW.S. Lofquist), 12 Behavioral Sciences and the Law 181-196 (1994).
"Intersections of Race, Ethnicity, and the Law" (with R. Martinez, Jr.) 18 Law and Human Behavior 211-221 (1994).
"Jurors' Views of Civil Lawyers: Implications for Courtroom Communication" (with K. Sweigart), 68 Indiana Law Journal
1297-1332 (1993); reprinted in 43 Defense Law Journal
"Jurors' Judgments of Business Liability in Tort Cases: Implications for the Litigation Explosion Debate" (with W.S. Lofquist), 26 Law and Society Review
85-115 (1992); reprinted in edited form in The Social Organization of Law: Introductory Readings
(Los Angeles: Roxbury Publishing Company; A. Sarat ed., 2004), pp123-129.
"Media Coverage of Law: Its Impact on Juries and the Public" (with J.L. Dee), 35 American Behavioral Scientist 136-149 (1991).
"The American Jury at Twenty-Five Years" (with N. Vidmar), 16 Law and Social Inquiry
"Citizen Comprehension of Difficult Issues: Lessons from Civil Jury Trials" (with J.S. Cecil and E.C. Wiggins), 40 American University Law Review
"Social Science and the Courts: The Role of Amicus Curiae Briefs" (with R. Roesch, S.L. Golding and N.D. Repucci), 15 Law and Human Behavior 1-11 (1991); reprinted in Psychology and Law: Criminal and Civil Perspectives (Hampshire, UK: Ashgate; Ronald Roesch & Nathalie Gagnon eds., 2007), pp. 471-482.
"Attitudes Toward Corporate Responsibility: A Psycholegal Perspective," 69 Nebraska Law Review
"Law and the Media: An Overview and Introduction," 14 Law and Human Behavior 399-407 (1990).
"The Jury's Response to Business and Corporate Wrongdoing," 52 Law and Contemporary Problems
177-203 (1989); reprinted in Readings in Trial Advocacy and the Social Sciences
, Vol. 3: Presentation of Evidence to Juries (New York: Garland Publishing Inc; R. M. Krivoshey ed., 1994), pp. 101-127.
"Responses to Corporate Versus Individual Wrongdoing" (with M.D. Ermann), 13 Law and Human Behavior 151-166 (1989).
"An Analysis of Public Attitudes Toward the Insanity Defense," 24 Criminology
393-414 (1986); cited in Matter of Commitment of Edward S
., 570 A.2d 917 (N.J. 1990); and Aizupitis v. State
, Supreme Court of Delaware (decided July 22, 1997).
"The Conduct of Voir Dire: A Psychological Analysis," 11 Justice System Journal
40-58 (1986); reprinted in Readings in Trial Advocacy and the Social Sciences, Vol. 1: Juries: Formation and Behavior
(NY: Garland Publishing Inc; R. M. Krivoshey ed., 1994), pp. 406-424.
"'Plain Crazy:' Lay Definitions of Legal Insanity" (with D. Slater), 7 International Journal of Law and Psychiatry 105-114 (1984).
"The Jury's Political Role: "To See with their Own Eyes"," 4 Delaware Lawyer 20, 22-25 (1985).
"The Effects of Sex-Role Attitudes and Group Composition on Men and Women in Groups" (with N. Eisenberg), 12 Sex Roles 477-490 (1985).
"A Survey of Interdisciplinary Differences in Attitudes and Morale within a Psychiatric Hospital" (with B.F. Hoffman), 12 Journal of Mental Health Administration 23-27 (1985).
"Public Opinion of Forensic Psychiatry following the Hinckley Verdict" (with D. Slater), 141 American Journal of Psychiatry 675-679 (1984).
"John Hinckley, Jr. and the Insanity Defense: The Public's Verdict" (with D. Slater), 47 Public Opinion Quarterly 202-212 (1983).
"Cameras in the Courts: Can We Trust the Research?" (with D. Slater), 2 Delaware Lawyer 56-58 (1983).
"Methodological Issues in the Evaluation of "Experiments" with Cameras in the Court" (with D. Slater), 30 Communication Quarterly 376-380 (1982).
"Jury Selection in Two Countries: A Psychological Perspective," 2 Current Psychological Reviews 283-300 (1982).
“The Effects of Corroboration Instructions in a Rape Case on Experimental Juries” (with N. Brooks), 15 Osgoode Hall Law Journal 701-716 (1977).
“Two Experiments Dealing with the Acceptability to the Public of Verdicts of Juries and Judges” (with A. N. Doob), A report to the Law Reform Commission of Canada, (Ottawa; Law Reform Commission of Canada, 1977).
“Section 12 of the Canada Evidence Act and the Deliberations of Simulated Juries” (with A. N. Doob), 18 Criminal Law Quarterly 235-253 (1976); reprinted in Social Research in the Judicial Process: Cases, Readings, and Text (New York: Russell Sage Foundation; W. D. Loh, 1984), pp. 512-514; & cited in People v. Allen, 420 N.W. 2d 499 (Mich. 1988); State v. Burton, 676 P. 2d 975 (Wash. 1984) (dissenting opinion).
“Who’s to Blame?” [Review of Robinson and Darley, Justice, Liability, and Blame: Community Views and the Criminal Law]. 42 Contemporary Psychology 111-112 (1997).
Review of Constable, The Law of the Other: Changing Conceptions of Citizenship, Law, and Knowledge. 24 Contemporary Sociology 662-663 (1995).
Feature review: “Judgments of Justice,” [Review of Lind and Tyler, The Social Psychology of Procedural Justice; Tyler, Why People Obey the Law; and Kelman and Hamilton, Crimes of Obedience]. 3 Psychological Science 218-221 (1992).
“Internationalizing Psychology and Law,” [Review of Wegener, Losel & Haisch eds., Criminal Behavior and the Justice System: Psychological Perspectives]. 35 Contemporary Psychology 859-860 (1990).
"Expert Witnessing,” [Review of Chesler, Sanders & Kalmuss, Social Science in Court.] 245 Science 312-313. (1989, July 21).
“Psychology in Court,” [Review of Nietzel & Dillehay, Psychological Consultation in the Courtroom.] 32 Contemporary Psychology 1000-1002 (1987).
"Judicial Meat and Potatoes. [Review of Kassin & Wrightsman, The Psychology of Evidence and Trial Procedure.] 32 Contemporary Psychology 56-57 (1987).
[Review of Hastie, Penrod & Pennington, Inside the Jury.] 4 Justice Quarterly 325-327 (1987).
"Writing Effective Problem-Based Materials" (with Allen, D., & Duch, B.), Workshop published online in Problem-Based Learning Clearinghouse, (2002).
"Experience It Yourself: A Model for Active/Problem-Based Learning for All Classes" (with Duke, B., Groh, S., Watson, G., & White, H.), Workshop published online in Problem-Based Learning Clearinghouse, (2002).
"Social Sciences Workshop, In PBL2002 Preconference Workshops: PBL From Disciplinary Perspectives," Workshop published online in Problem-Based Learning Clearinghouse, (2002).
"Using PBL in a WebCT Faculty Development Session" (with Sicuranza, E., Kral, K. & Watson, G.), Article peer reviewed and published online in Problem-Based Learning Clearinghouse, (2002).
"DNA for Dinner. PBL Problem" (with Lieux, E. M., & Allen, D.), peer reviewed and published online in Problem-Based Learning Clearinghouse, (2001).
“Plea Bargaining: Active Learning in a Course on the Courts,” in About Teaching
[online publication]. (Newark, DE: Center for Teaching Effectiveness and the University of Delaware, 1999).