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Professor of Law
Working Papers
"Juries, Lay Judges, and Trials," (with Toby S. Goldbach) in Encyclopedia of Criminology and Criminal Justice (Gerben Bruinsma and David Weisburd, eds.) (N.Y.: Springer Science and Business Media) Forthcoming, Cornell Legal Studies Research Paper No. 13-87 
"To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards", Cornell Legal Studies Research Paper No. 11-25 (2011).
Contributions to Books
"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).
Articles
"Jury Jokes and Legal Culture," 62 DePaul Law Review 391 (2013).
"Delaware Death Penalty: An Empirical Study," (with Sheri Lynn Johnson, John H. Blume, Theordore Eisenber, & Martin T. Wells) 97 Iowa Law Review 1925 (2012).
"Japan’s New Lay Judge System: Deliberative Democracy in Action?" (with Corey, Zachary), 12 Asian-Pacific Law & Policy Journal 72-94 (2010).
"The Predictability of Juries" (with T. Eisenberg), 60 DePaul Law Review 375 (2011).
"The French Jury at a Crossroads" (with Claire Germain), 86 Chicago-Kent Law Review 737 (2011).
"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 1353 (2009).
"A Jury of One: Opinion Formation, Conformity, and Dissent on Juries." 6 Journal of Empirical Legal Studies 513 (2009).
"Empowering the Active Jury: A Genuine Tort Reform", 13 Roger Williams University Law Review 39 (2008)
"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).
"Judges, Juries, and Scientific Evidence," 16 Journal of Law and Policy 19-46 (2007).
"Deliberation and Dissent: 12 Angry Men Versus the Empirical Reality of Juries," 82 Chicago-Kent Law Review 579-589 (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 3-8 (2006).
"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 Lawyer34-36 (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 274-283 (2004).
"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 609-693 (2004).
"Recent Evaluative Research on Jury Trial Innovations" (with B.M. Dann), 41 Court Review 12-19 (2004).
"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 371-398 (2004). 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 1249-1277 (2003).
"Introduction: Lay Participation in Legal Decision Making," 25 Law & Policy 83 (2003).
"Empirical Research and Civil Jury Reform," S. Albertson 78 Notre Dame Law Review 1497-1523 (2003).
"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).
"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 441-482 (2003).
"'Speaking Rights': Evaluating Juror Discussions During Civil Trials" (with P.L. Hannaford-Agor, and G.T. Munsterman), 85 Judicature 237-243(2002).
"U.S. Jury Reform: The Active Jury and the Adversarial Ideal," 21 St. Louis University Public Law Review 85-97 (2002).
"Inside the Black Box: Comment on Diamond and Vidmar," 87 Virginia Law Review 1917-1932 (2001).
"The Power of Twelve: The Impact of Jury Size and Unanimity on Civil Jury Decision Making," 4 Delaware Law Review 1-31 (2001).
"Corporate Citizenship: A Conversation Among the Law, Business, and Academia" (with Others), 84 Marquette Law Review 723-810 (2001).
"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 627-652 (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 589-609 (2001).
"How Much Justice Hangs in the Balance? A New Look at Hung Jury Rates" (with P.L. Hannaford and G.T. Munsterman), 83 Judicature 59-67 (1999).
"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 349-377 (1999).
"Illusions and Realities in Jurors' Treatment of Corporate Defendants," 48 DePaul Law Review 327-353 (1998).
"The Contested Role in the Civil Jury in Business Litigation," 79 Judicature 242-248 (1996).
"How Juries Decide Death: The Contributions of the Capital Jury Project," 70 Indiana Law Journal 1233-1240 (1995).
"Robin Hood Myth Challenged," National Law Journal C1, C6, C8 (6 June 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 121-160 (1994).
"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.
"The American Jury at Twenty-Five Years" (with N. Vidmar), 16 Law and Social Inquiry 323-351 (1991).
"Citizen Comprehension of Difficult Issues: Lessons from Civil Jury Trials" (with J.S. Cecil and E.C. Wiggins), 40 American University Law Review 727-774 (1991).
"Attitudes Toward Corporate Responsibility: A Psycholegal Perspective," 69 Nebraska Law Review 158-189 (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.
"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.
Electronic Publications
"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).