Judging Research

Author : Kenneth R. Foster
Publisher : MIT Press
ISBN 13 : 9780262561204
Total Pages : 356 pages
Book Rating : 4.04/5 ( download)

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Download or read book Judging Science written by Kenneth R. Foster and published by MIT Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.

Author : Brian M. Barry
Publisher : Taylor & Francis
ISBN 13 : 0429657498
Total Pages : 361 pages
Book Rating : 4.98/5 ( download)

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Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Author : Thomas A. Schwandt
Publisher : Guilford Publications
ISBN 13 : 146254732X
Total Pages : 274 pages
Book Rating : 4.26/5 ( download)

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Download or read book Evaluating and Valuing in Social Research written by Thomas A. Schwandt and published by Guilford Publications. This book was released on 2021-09-17 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much applied research takes place as if complex social problems--and evaluations of interventions to address them--can be dealt with in a purely technical way. In contrast, this groundbreaking book offers an alternative approach that incorporates sustained, systematic reflection about researchers' values, what values research promotes, how decisions about what to value are made and by whom, and how judging the value of social interventions takes place. The authors offer practical and conceptual guidance to help researchers engage meaningfully with value conflicts and refine their capacity to engage in deliberative argumentation. Pedagogical features include a detailed evaluation case, "Bridge to Practice" exercises and annotated resources in most chapters, and an end-of-book glossary.

Author : Ellen R. Girden
Publisher : SAGE
ISBN 13 : 9780761922148
Total Pages : 386 pages
Book Rating : 4.48/5 ( download)

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Download or read book Evaluating Research Articles from Start to Finish written by Ellen R. Girden and published by SAGE. This book was released on 2001-04-19 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes how to critique various types of study including: case studies, surveys, correlation studies, regression analysis studies, factor-analytic studies, discriminant analysis studies, factorial studies, and quasi-experimental studies.

Author : Douglas E. Edlin
Publisher : University of Michigan Press
ISBN 13 : 0472902342
Total Pages : 281 pages
Book Rating : 4.47/5 ( download)

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Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.

Author : James L. Gibson
Publisher : Russell Sage Foundation
ISBN 13 : 161044907X
Total Pages : 379 pages
Book Rating : 4.76/5 ( download)

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Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Author : Warren Thorngate
Publisher : Psychology Press
ISBN 13 : 1136872566
Total Pages : 198 pages
Book Rating : 4.63/5 ( download)

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Download or read book Judging Merit written by Warren Thorngate and published by Psychology Press. This book was released on 2010-10-18 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merit-based tests and contests have become popular methods for allocating rewards – from trophies to contracts, jobs to grants, admissions to licenses. With origins in jurisprudence, methods of rewarding merit seem fairer than those rewarding political or social connections, bribery, aggression, status, or wealth. Because of this, merit-based competitions are well-suited to the societal belief that people should be rewarded for what they know or do, and not for who they know or are; however, judging merit is rarely an easy task – it is prone to a variety of biases and errors. Small biases and errors, especially in large competitions, can make large differences in who or what is rewarded. It is important, then, to learn how to spot flaws in procedures for judging merit and to correct them when possible. Based on over 20 years of theory and research in human judgment, decision making and social psychology, this unique book brings together for the first time what is known about the processes and problems of judging merit and their consequences. It also provides practical suggestions for increasing the fairness of merit-based competitions, and examines the future and limits of these competitions in society.

Author : Ulrike Schultz
Publisher : A&C Black
ISBN 13 : 1782251111
Total Pages : 825 pages
Book Rating : 4.18/5 ( download)

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Download or read book Gender and Judging written by Ulrike Schultz and published by A&C Black. This book was released on 2014-07-18 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Author : Bonnie Kaplan
Publisher : Springer Science & Business Media
ISBN 13 : 1402080948
Total Pages : 745 pages
Book Rating : 4.44/5 ( download)

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Download or read book Information Systems Research written by Bonnie Kaplan and published by Springer Science & Business Media. This book was released on 2004-06-30 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information Systems Research: Relevant Theory and Informed Practice comprises the edited proceedings of the WG8.2 conference, "Relevant Theory and Informed Practice: Looking Forward from a 20-Year Perspective on IS Research," which was sponsored by IFIP and held in Manchester, England, in July 2004. The conference attracted a record number of high-quality manuscripts, all of which were subjected to a rigorous reviewing process in which four to eight track chairs, associate editors, and reviewers thoughtfully scrutinized papers by the highly regarded as well as the newcomers. No person or idea was considered sacrosanct and no paper made it through this process unscathed. All authors were asked to revise the accepted papers, some more than once; thus, good papers got better. With only 29 percent of the papers accepted, these proceedings are significantly more selective than is typical of many conference proceedings. This volume is organized in 7 sections, with 33 full research papers providing panoramic views and reflections on the Information Systems (IS) discipline followed by papers featuring critical interpretive studies, action research, theoretical perspectives on IS research, and the methods and politics of IS development. Also included are 6 panel descriptions and a new category of "bright idea" position papers, 11 in all, wherein main points are summarized in a pithy and provocative fashion.

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674184653
Total Pages : 423 pages
Book Rating : 4.57/5 ( download)

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Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.