"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
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). |
"Japan’s New Lay Judge System: Deliberative Democracy in Action?" (with Corey, Zachary), 12 Asian-Pacific Law & Policy Journal
"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).
"Judges, Juries, and Scientific Evidence," 16 Journal of Law and Policy
"Deliberation and Dissent: 12 Angry Men
Versus the Empirical Reality of Juries," 82 Chicago-Kent Law Review
"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
"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).
"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
"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
"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
"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 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' 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.
"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
"Attitudes Toward Corporate Responsibility: A Psycholegal Perspective," 69 Nebraska Law Review
"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.
"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).