Social Science Methods in the Legal Process

Front Cover
Government Institutes, 1985 - Law - 276 pages
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This volume is the first to provide a systematic introduction to the methods of social science for the legal professions and decision-makers in public policy fields. Designed as both a text and a convenient reference, the book provides an understanding of all the elements in the research process and acquaints the reader with the choices that are available in designing and conducting research. A particularly useful feature is each chapter's examination of research cited in specific court or public policy decisions, together with discussion of possible legal applications of various research approaches.
 

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Contents

DEVELOPING ANSWERS
128
MEASUREMENT SCALES
132
EVALUATING MEASUREMENT QUALITY
136
CHECKLIST FOR ISSUES OF MEASUREMENT
142
NOTES
144
DATA COLLECTION METHODS AND THE USE OF EXISTING DATA
148
VERIFICATION OF ORIGINAL AND EXISTING DATA
154
RESPONSE RATES AND HANDLING NONRESPONSE
156

NOTES
26
ASKING APPROPRIATE AND RESEARCHABLE QUESTIONS
28
RESEARCH CONCEPTS
32
RESEARCH QUESTIONS
41
CHECKLIST FOR PLANNING OR EVALUATING RESEARCH QUESTIONS
49
NOTES
51
RESEARCH DESIGNS AND THEIR VALIDITY
53
RESEARCH FOR IDENTIFYING CAUSATION
55
SELECTING A RESEARCH DESIGN
56
THE CLASSIC EXPERIMENTAL DESIGN
58
DEPARTURES FROM THE EXPERIMENTAL MODEL
65
CHECKLIST FOR RESEARCH DESIGNS
78
NOTES
80
POPULATION IDENTIFICATION AND SAMPLING
82
POPULATION
84
SAMPLING
87
STATISTICAL DETERMINANTS OF SAMPLE SIZE
106
NONSTATISTICAL DETERMINANTS OF SAMPLE SIZE
112
THE DECISION NOT TO DRAW A SAMPLE
113
CHECKLIST FOR POPULATION IDENTIFICATION AND SAMPLING
114
NOTES
116
MEASUREMENT
121
WORKING DEFINITIONS FOR MEASUREMENT
122
THE POSING OF QUESTIONS
125
THE USE OF EXISTING DATA
163
FILES AND RECORDS AS DATA SOURCES
174
CHECKLIST FOR DATA COLLECTION METHODS AND USE OF EXISTING DATA
176
NOTES
177
DESCRIPTIVE STATISTICS
182
DESCRIPTIVE STATISTICS FOR SINGLE VARIABLES
183
SUMMARIZING THE DISTRIBUTION OF SINGLE VARIABLES
190
DESCRIPTIVE STATISTICS FOR TWO OR MORE VARIABLES
199
QUESTIONS ABOUT RELATIONSHIPS BETWEEN VARIABLES
208
THE NEXT STEP
214
NOTES
216
INFERENTIAL STATISTICS
220
ESTIMATES OF POPULATION VALUES
221
HYPOTHESE TESTING
226
PRACTICAL AND STATISTICAL SIGNIFICANCE
247
CONTROL AND CAUSATION
249
CHECKLIST FOR INFERENTIAL STATISTICS
250
NOTES
251
COLLABORATION BETWEEN LAWYERS AND SOCIAL SCIENTISTS
255
NOTES
259
CASES
260
Articles and Books
262
INDEX
267
Copyright

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Page 24 - The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field...
Page 11 - Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972...
Page 5 - At the same time, when a question of fact is debated and debatable, and the extent to which a special constitutional limitation goes is affected by the truth in respect to that fact, a widespread and long-continued belief concerning it is worthy of consideration. We take judicial cognizance of all matters of general knowledge.
Page 24 - The offeror has the burden of establishing that a proffered poll was conducted in accordance with accepted principles of survey research, ^ ie, that the proper universe was examined, that a representative sample was drawn from that universe, and that the mode of questioning the interviewees was correct. He should be required to show that: the persons conducting the survey were recognized experts; the data gathered was accurately reported; and the sample design, the questionnaire and the interviewing...
Page 24 - The rule also offers a more satisfactory basis for ruling upon the admissibility of public opinion poll evidence. Attention is directed to the validity of the techniques employed rather than to relatively fruitless inquiries whether hearsay is involved.
Page 31 - INTEREST employment, housing, schooling, and social relationships in general. Discrimination in turn leads to social and economic inequality on the one hand, and segregation on the other hand. Inequality and segregation are mutually reinforcing conditions, reflecting not only the judicial doctrine that separation is inherently unequal, but also the social reality that segregation of a deprived group can cut off channels and networks that might be used to gain equality. Segregation and inequality...
Page 6 - ... modern authority." In view of their devoted efforts to defeat segregation, this was the kind of gesture a magnanimous judge would feel impelled to make, and we are bound to take satisfaction in the accolade. Yet, once the courtesy had been paid, the Court was not disposed in the least to go farther or base its determination on the expert testimony.
Page 31 - ... prejudice consisting in stereotyped beliefs about 'black people. These beliefs lead to discriminatory behavior in employment, housing, schooling, and social relationships in general. Discrimination in turn leads to social and economic inequality, on the one hand, and segregation on the other hand. Inequality and segregation are mutually reinforcing conditions, reflecting not only the judicial doctrine that separation is inherently unequal, but also the social reality that segregation of a deprived...

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