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Michael A. Zuckerman

Bio: Michael A. Zuckerman is an academic researcher from Jones Day. The author has contributed to research in topics: Jury & Jury instructions. The author has an hindex of 4, co-authored 12 publications receiving 56 citations. Previous affiliations of Michael A. Zuckerman include Cornell University & Northwestern University.

Papers
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Posted Content
TL;DR: In this article, an informal survey data from actual jurors on their use of social networking during trial is presented, and the results support a growing consensus in the legal profession that courts should frequently, as a matter of course, instruct jurors not to use social media to communicate about trial.
Abstract: The explosive growth of social networking has placed enormous pressure on one of the most fundamental of American institutions — the impartial jury. Through social networking services like Facebook and Twitter, jurors have committed significant and often high-profile acts of misconduct. Just recently, the Arkansas Supreme Court reversed a death sentence because a juror Tweeted about the case during deliberations. In light of the significant risks to a fair trial that arise when jurors communicate through social media during trial, judges must be vigilant in monitoring for potential outside influences and in deterring misconduct.In this Article, we present informal survey data from actual jurors on their use of social networking during trial. We discuss the rise of web-based social networks like Facebook and Twitter, and the concerns that arise when jurors communicate about a case through social media before returning a verdict. After surveying how courts have responded to jurors’ social media use, we describe the results of the informal survey. The results support a growing consensus in the legal profession that courts should frequently, as a matter of course, instruct jurors not to use social media to communicate about trial. Although others have stressed the importance of jury instructions in this area, we hope that the informal survey data will further the dialogue by providing an important perspective — that of actual jurors.

18 citations

Journal Article
TL;DR: In this article, an informal survey data from actual jurors on their use of social networking during trial is presented, and the results support a growing consensus in the legal profession that courts should frequently, as a matter of course, instruct jurors not to use social media to communicate about trial.
Abstract: The explosive growth of social networking has placed enormous pressure on one of the most fundamental of American institutions — the impartial jury. Through social networking services like Facebook and Twitter, jurors have committed significant and often high-profile acts of misconduct. Just recently, the Arkansas Supreme Court reversed a death sentence because a juror Tweeted about the case during deliberations. In light of the significant risks to a fair trial that arise when jurors communicate through social media during trial, judges must be vigilant in monitoring for potential outside influences and in deterring misconduct.In this Article, we present informal survey data from actual jurors on their use of social networking during trial. We discuss the rise of web-based social networks like Facebook and Twitter, and the concerns that arise when jurors communicate about a case through social media before returning a verdict. After surveying how courts have responded to jurors’ social media use, we describe the results of the informal survey. The results support a growing consensus in the legal profession that courts should frequently, as a matter of course, instruct jurors not to use social media to communicate about trial. Although others have stressed the importance of jury instructions in this area, we hope that the informal survey data will further the dialogue by providing an important perspective — that of actual jurors.

8 citations

Posted Content
TL;DR: This paper conducted a survey of federal and state jurors on their use of social media during their jury service and found that the most effective tool to mitigate the risk of juror misconduct through social media was jury instructions.
Abstract: This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began surveying federal jurors in 2011 and reported preliminary results in 2012. (See Ensuring an Impartial Jury in the Age of Social Media, 11 Duke L. & Tech. Rev. 1 (2012).) Since then, we have surveyed several hundred more jurors, including state jurors, for a more complete picture of juror attitudes toward social media. Our results support the growing consensus that jury instructions are the most effective tool to mitigate the risk of juror misconduct through social media. We conclude with a set of recommended best practices for using a social-media instruction.

7 citations

Posted Content
Michael A. Zuckerman1
TL;DR: In this article, the authors examine the constitutional vulnerability of English-only laws as they relate to voting materials and argue that such policies violate the Fourteenth and Fifteenth Amendments to the U.S. Constitution.
Abstract: This paper examines the constitutional vulnerability of English-only laws as they relate to voting materials. The topic is timely in light of King v. Mauro, a recent Iowa decision that drew national attention by interpreting a state statute to bar non-English voter registration materials. In short, this paper argues that English-only policies as applied to voting are constitutionally suspect. After providing background about the English-only movement and the recent high-profile Iowa decision, the paper considers complex and uncertain areas of constitutional law, outlining how one might argue that English-only laws violate the Fourteenth and Fifteenth Amendments to the U.S. Constitution and the federal Voting Rights Act. In the end, the nation has an important choice to make: encourage participation in the electoral process, or use voting rights as means to disenfranchise language minority citizens. If the nation continues down the latter path, civil rights lawyers must be ready to respond.

5 citations

Posted Content
Michael A. Zuckerman1
TL;DR: In this paper, the authors argue that state offshore contracting restrictions are unconstitutional and that the Foreign Commerce Clause of the US Constitution prohibits state governments from regulating international trade and burdening foreign commerce.
Abstract: A new reality is emerging in the public sector: state governments are spending an untold amount of tax dollars on public contracts that are performed overseas Although the private sector has offshored jobs for decades, state governments have only recently become part of the offshoring bandwagon As media reports of government offshoring increased during the 2004 election, lawmakers in virtually every state introduced legislation to restrict state contractors from performing work outside of the United States While only few states have imposed restrictions, state lawmakers continue to introduce such legislation today This Note argues that state offshore contracting restrictions are unconstitutional In short, the Foreign Commerce Clause of the US Constitution prohibits state governments from regulating international trade and burdening foreign commerce Through these offshore contracting restrictions, states are discriminating against foreign commerce, thus impairing the federal government's ability to speak with "one voice" in international trade relations Further, state offshore contracting restrictions intrude on the federal government's exclusive power to conduct foreign relations Application of these constitutional provisions leads to a curious result: once a state puts a contract in the stream of commerce, it is unable to prevent its contractors from offshoring the contract After reviewing the costs and benefits of offshore contracting, this Note concludes that the nation must engage in a serious debate about whether to permit states to restrict offshore contracting, given the potential challenges offshoring poses for state governments Before this debate can occur, however, this Note calls on both the federal and state governments to make a serious commitment to study and identify the issues and implications of offshoring because policy solutions, if any, depend on the availability of offshoring data

4 citations


Cited by
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01 Jan 2014
TL;DR: In this paper, Cardozo et al. proposed a model for conflict resolution in the context of bankruptcy resolution, which is based on the work of the Cardozo Institute of Conflict Resolution.
Abstract: American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

1,336 citations

Journal ArticleDOI
TL;DR: Empirical evidence is summarized on the impact of global dispersion dimensions on coordination, team performance and project outcomes to reveal several opportunities for future research, such as coordination challenges in inter-organizational software projects.
Abstract: Context Global software development (GSD) contains different context setting dimensions, which are essential for effective teamwork and success of projects. Although considerable research effort has been made in this area, as yet, no agreement has been reached about the impact of these dispersion dimensions on team coordination and project outcomes. Objective This paper summarizes empirical evidence on the impact of global dispersion dimensions on coordination, team performance and project outcomes. Method We performed a systematic literature review of 46 publications from 25 journals and 19 conference and workshop proceedings, which were published between 2001 and 2013. Thematic analysis was used to identify global dimensions and their measures. Vote counting was used to decide on the impact trends of dispersion dimensions on team performance and software quality. Results Global dispersion dimensions are consistently conceptualized, but quantified in many different ways. Different dispersion dimensions are associated with a distinct set of coordination challenges. Overall, geographical dispersion tends to have a negative impact on team performance and software quality. Temporal dispersion tends to have a negative impact on software quality, but its impact on team performance is inconsistent and can be explained by type of performance. Conclusion For researchers, we reveal several opportunities for future research, such as coordination challenges in inter-organizational software projects, impact of processes and practices mismatches on project outcomes, evolution of coordination needs and mechanism over time and impact of dispersion dimensions on open source project outcomes. For practitioners, they should consider the tradeoff between cost and benefits while dispersing tasks, alignment impact of dispersion dimensions with individual and organizational objectives, coordination mechanisms as situational approaches and collocation of development activities of high quality demand components in GSD projects.

122 citations

Journal ArticleDOI
TL;DR: This paper conducted two studies, where participants from across the United States watched, heard, or read the transcript of an actual police shooting event, and the data for Study 1 were collected prior to...
Abstract: We conducted two studies, wherein participants from across the United States watched, heard, or read the transcript of an actual police shooting event. The data for Study 1 were collected prior to ...

97 citations

Journal ArticleDOI
TL;DR: In this paper, the authors outline the development of research in the domain of service marketing from its birth as an area of academic study in the 1960s/1970s to the current time.
Abstract: This paper outlines the development of research in the domain of service(s) marketing from its birth as an area of academic study in the 1960s/1970s to the current time. It identifies four phases of development. Phases 1–3 relate to the period before 2004, which focuses on the development of service(s) marketing. In Phase 4, a greater focus on the concept of service (singular) – defined as the application of knowledge and skills – has resulted in developments and directions in service research that offer a different perspective through which to view more general marketing. This different perspective has explicit implications also for wider business and management research. The paper summarizes current research in this domain, which coalesces around three broad perspectives, namely, the service-dominant logic of marketing, technology and service, and transformative service research. It concludes by outlining likely trends for service research into the future. Three interrelated directions are suggested: research on service in a changing context; research responding to academic schools of thought; and research responding to consumer trends.

96 citations

Journal Article
TL;DR: A conceptualization of website attractiveness in the context of social media and its relevance for potential usage is described, which shows that social media website attractiveness is determined by the 2nd-order dimensions interaction orientation, social networking and user-added value.
Abstract: The technologies and functions of social media have significantly changed interaction on the Internet. These changes affect the perceived attractiveness of websites. Prior research regarding classic Internet offers has only partly considered these specifics. The determinants of attractive social media websites and corresponding online instruments remain under-investigated. Therefore, this study describes a conceptualization of website attractiveness in the context of social media and its relevance for potential usage. The research model was empirically tested by a standardized user survey (n=237) with the help of a structural equation model. The results show that social media website attractiveness is determined by the 2nd-order dimensions interaction orientation, social networking and user-added value. Moreover, a link to the intention to use social media offers can be established. Overall, the results shed light on the key aspects of users' expectations towards the integration of social media into electronic commerce and provide insights into how the corresponding social media instruments are to be evaluated.Keywords: Web 2.0, social media, attractiveness of websites, structural equation modeling1. IntroductionThe user's handling of the Internet as a medium, as well as his own self-image, have undergone major changes in the past few years. The increasing emphasis of interactive, social and networked phenomena of this technology is summarized under the term Web 2.0 [Hoegg et al. 2006, p. 12] or social media, which is used interchangeably [Constantinides & Fountain 2008]. Applications of social media have had an impact on a large variety of areas of life even if they are not directly linked to internet usage like public health surveillance or organizing vacations [Parra-Lopez et al. 2011; Yang et al. 2011]. Furthermore the relevance of social media applications can be verified based on the number of users and the intensity of use. On the one hand, social media platforms are growing at an above-average rate. For example, Facebook shows a monthly increase in users of nearly 10 % in markets not fully penetrated, such as Brazil or India [SocialBakers 2011]. On the other hand, the term of use for social media offers is longer than that of classic web contents [Nielsen 2010], so that, for example, there is a higher potential for online advertising revenues. However, for marketers in the field of electronic commerce an integration of social media features is challenging, since it is often unclear which features are accepted by the users. Furthermore, it is hard to determine which instruments yield corresponding returns in terms of corporate image. To address this knowledge gap is a central motivation of this article.The development of the terms social media and Web 2.0 has been characterized by a lack of conceptual clarity from the start [O'Reilly 2006]. The phenomenon of Web 2.0 which is often interchangeably referred to as social media has been analyzed in various fields of research such as computer science, business management, or sociology. As a result an extensive, uniform and precise definition has hardly yet been made [Song 2010]. It shows, however, that various fundamental dimensions are almost continuously used in relevant scientific literature. This includes concepts like networks, platforms, applications, interaction, user profiles, information distribution and active participation [Boyd & Ellison 2007, p. 210; Koh et al. 2007, p. 68; Park 2007, p. 175; Allen 2008]. In accordance with [Kaplan & Haenlein 2010, p. 61] social media is defined as "a group of internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of User Generated Content". In that regard, web 2.0 refers to the basic technical platform of social media and user generated content refers to its underlying purpose. Therefore, this definition integrates technological, action-theoretical as well as interaction-related aspects which are classified on subject-related, functional as well as teleological levels. …

74 citations