LAW 417P - Social Science and Law Practicum.

This course is designed to teach law students to critically examine how judges and lawyers analyze and use social scientific research in civil and criminal litigation, as well as prepare students for the use of social scientific research in their own legal practices. After providing a basic understanding of social scientific methodology, the Practicum will draw upon reading assignments, lectures, and simulation exercises to teach students (1) how to successfully work with and qualify expert witnesses and introduce their testimony or reports into evidence under the Daubert trilogy of Supreme Court cases; (2) how to use social scientific research and expert testimony to prepare for litigation (such as using expert reports to support change of venue motions and to assist in jury selection); (3) how to use social scientific research and expert testimony to adjudicate case specific facts (such as the issue of consumer confusion in trademark cases, applicable community standards in obscenity cases, and the veracity of the testimony of eye witnesses and children); and (4) how social science research can assist courts in interpreting law (such as whether the death penalty is “cruel and unusual punishment”). Examples of simulation exercises include (1) preparing a change of venue motion and brief that relies upon (or attacks) survey research conducted by an expert witness; (2) drafting a memorandum qualifying the testimony of a scientific expert using the Daubert standard; and (3) selecting a mock jury based upon reports generated by jury consultants on the mix of demographic characteristics and attitudes preferred in the “ideal juror.” There is no casebook for the Practicum; readings will draw upon relevant social scientific scholarship and the Supreme Court cases that reference the social scientific literature. Three hours. (Students in this course must also enroll in Quantitative Analysis for Lawyers.) Not offered in 2013-2014.