Statistical techniques for juror and jury research

Juror and jury research is a thriving area of investigation in legal psychology. The basic ANOVA and regression, well‐known by psychologists, are inappropriate for analysing many types of data from this area of research. This paper describes statistical techniques suitable for some of the main questions asked by jury researchers. First, we discuss how to examine manipulations that may affect levels of reasonable doubt and how to measure reasonable doubt using the coefficients estimated from a logistic regression. Second, we compare models designed for analysing the data like those which often arise in research where jurors first make categorical judgments (e.g., negligent or not, guilty or not) and then dependent on their response may make another judgment (e.g., award, punishment). We concentrate on zero‐inflated and hurdle models. Third, we examine how to take into account that jurors are part of a jury using multilevel modelling. We illustrate each of the techniques using software that can be downloaded for free from the Internet (the package R) and provide a web page that gives further details for running these analyses.     

Restructuring China's State Corporatist Industrial Relations System: the Wenling experience

Intensifying labour conflict in China has posed a serious challenge to the industrial relations system. Under growing pressure, the Chinese government has sought to reform the system but the results are meagre. Among the supposedly successful cases, the development of collective bargaining in Wenling, Zhejiang province has been hailed as a model of labour relations to be replicated elsewhere. Based on a detailed case study of Wenling, this study aims to analyze the process whereby local government reconstructs the industrial relations system by organizing and incorporating the interest of employers and workers, leading to regularized wage growth and reduced labour dispute. This restructuring, the study argues, is designed to create a functional state corporatist system by means of expanding union representation and instituting tripartite collective bargaining. However, the tensions in the state corporatist structure may still undermine any attempt by the government to reconstruct industrial relations.     

An investigation of factors influencing public opinion of property bias in CanadianCriminal Code maximum sentences

TheCriminal Code of Canada (Code) provides many statutory maximum sentences (maxima) that are more severe for property offenses than for offenses, against people. Past research has shown that, at least in the abstract, people consider offenses against the person as more serious and deserving of more severe sentences than property offenses. The present research investigated whether these results would be replicated when peoples' preferences were assessed under specific conditions. Participants (N=181) readCode definitions and crime vignettes for 6 offenses that were varied according to locus (internal versus external) and stability (stable versus unstable) of the cause of the offender's behavior and amount of harm to the victim (severe versus mild). Results demonstrated that offenses against people were considered more serious and deserving of more severe scenario sentences and maxima than property or white-collar offenses. Internal, stable, and severe harm conditions resulted in higher sentences, seriousness ratings, and, somewhat less consistently, maxima. Under no combination of conditions were preferred maxima greater for property or white-collar offenses than for offenses against people. Participants tended to underestimate property offense maxima and overestimate maxima for offenses against people. It is concluded that while the preferred length of maxima may change under different experimental conditions, the relationship between person and property offense preferred maxima does not.     

Will International Investment Rules Obstruct Climate Protection Policies? An Examination of the Clean Development Mechanism

Rules governing the global environment and the international economy are currently decided in separate arenas. Yet, environmental agreements can have strong economic implications, particularly with the growing use of market mechanisms. Economic liberalization rules, meanwhile, may limit the effectiveness of environmental agreements. This paper assesses the potential interaction between one important market-based environmental mechanism – the Clean Development Mechanism of the Kyoto Protocol on climate change – and the framework of international investment law.     

Social and social scientific perspectives in judicial interpretations of the constitution

It has been traditional to demarcateMuller v. Oregon as the first Supreme Court case to benefit from a social science perspective andBrown v. Board of Education of Topeka as the first case to rely on social science evidence. This article explores the hypothesis that social perspectives have long been a part of the Court's decisionmaking when it has confronted difficult social issues. Two 19th-century race opinions,Dred Scott v. Sandford andPlessy v. Ferguson, are used to support this position. The authors suggest that the social perspectives contained in the other articles in this special issue reflect a long-standing association between social science information and law.We appreciate the suggestions made by Michael J. Saks on an earlier draft of this article.