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Statistics for Lawyers presents the science of statistics in action at the cutting edge of legal problems. A series of more than 90 case studies, drawn principally from actual litigation, have been selected to illustrate important areas of the law in which statistics has played a role and to demonstrate a variety of statistical tools. Some case studies raise legal issues that are being intensely debated and lie at the edge of the law. Of particular note are problems involving toxic torts, employment discrimination, stock market manipulation, paternity, tax legislation, and drug testing. The case studies are presented in the form of legal/statistical puzzles to challenge the reader and focus discussion on the legal implications of statistical findings. The techniques range from simple averaging for the estimation of thefts from parking meters to complex logistic regression models for the demonstration of discrimination in the death penalty. Excerpts of data allow the reader to compute statistical results and an appendix contains the authors' calculations.
Designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law, the book consists of sections of exposition followed by real-world cases and case studies in which stastical data have played a role. Readers are asked to apply the theory to the facts, to calculate results (a pocket calculator is sufficient), and to explore legal issues raised by quantitative findings, while the author's own calculations and comments are given in the back of the book. The cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, and the death penalty. The first edition has been used in law, statistics, and social science courses, and in 1991 was selected by the University of Michigan Law Review as one of the important law books of the year. This second edition includes many new problems reflecting current developments in the law, including a new chapter on epidemiology.
Designed to introduce the basics of mathematical probability and statistics useful to law students and practitioners, this second edition includes many new problems reflecting current developments in the law, and has been rewritten at a more elementary level. The book includes real-world case studies where statistical data has played a role.
When as a practicing lawyer I published my ?rst article on statistical evidence in 1966, the editors of the Harvard Law Review told me that a mathematical equa- 1 tion had never before appeared in the review. This hardly seems possible - but if they meant a serious mathematical equation, perhaps they were right. Today all that has changed in legal academia. Whole journals are devoted to scienti?c methods in law or empirical studies of legal institutions. Much of this work involves statistics. Columbia Law School, where I teach, has a professor of law and epidemiology and other law schools have similar “law and” professorships. Many offer courses on statistics (I teach one) or, more broadly, on law and social science. The same is true of practice. Where there are data to parse in a litigation, stat- ticians and other experts using statistical tools now frequently testify. And judges must understand them. In 1993, in its landmark Daubert decision, the Supreme Court commanded federal judges to penetrate scienti?c evidence and ?nd it “re- 2 liable” before allowing it in evidence. It is emblematic of the rise of statistics in the law that the evidence at issue in that much-cited case included a series of epidemiological studies. The Supreme Court’s new requirement made the Federal Judicial Center’s Reference Manual on Scienti?c Evidence, which appeared at about the same time, a best seller. It has several important chapters on statistics.
Statistics in the Law is primarily a user's manual or desk reference for the expert witness-lawyer team and, secondarily, a textbook or supplemental textbook for upper level undergraduate statistics students. It starts with two articles by masters of the trade, Paul Meier and Franklin Fisher. It then explains the distinction between the Frye and Daughbert standards for expert testimony, and how these standards play out in court. The bulk of the book addresses individual cases covering a wide variety of questions, including: ·Does electronic draw poker require skill to play? ·Did the New Jersey State Police disproportionately stop black motorists? ·Is a jury a representative cross section of the community? ·Were ballots tampered with in an election? The book concludes with Part 5, a review of English law, that includes a case in which a woman was accused of murdering her infant sons because both died of "cot death" or "sudden death syndrome," (she was convicted, but later exonerated), and an examination of how Bayesian analyses can (or more precisely), cannot be presented in UK courts. In each study, the statistical analysis is shaped to address the relevant legal questions, and draws on whatever methods in statistics might shed light on those questions.
In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.
Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.
This law school casebook was developed by a team of professors at Harvard Law School to introduce students with little or no quantitative background to the basic analytical techniques that attorneys need to master to represent their clients effectively. This casebook presents clear explanations of decision analysis, games and information, contracting, accounting, finance, microeconomics, economic analysis of the law, fundamentals of statistics, and multiple regression analysis. References and examples have been thoroughly updated for this 2d edition, and exposition of a number of key topics has been reworked to reflect insights gained from teaching these topics using the 1st edition to many hundreds of Harvard Law students over the past decade.
Science for Lawyers clearly explains and discusses 13 applied scientific disciplines in jargon-free language that is specifically geared toward lawyers. The book explores the definitions (what is science), the practice (what scientists do) and the professional roles (what ethical guidelines influence scientists) of 13 professional disciplines such as ballistics, medicine, physics, statistics, linguistics, genetics, chemistry and more. With dozens of photos, figures, graphics and artwork, the book covers these subjects in terms that are not only easy to understand, but fascinating to read. If you are a lawyer who is ever called upon to defend, proceed against, examine, cross-examine or even consult a scientist, this book is for you.
In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.