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The Role Of Emotion In Constitutional Theory, J. Joel Alicea

Notre Dame Law Review

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that gap by providing an integrated account of the role of emotion within the individual, how emotion affects constitutional culture, and how constitutional culture, properly understood, should affect our evaluation of major constitutional theories.

The Article begins by reconstructing one of the most important and influential accounts of emotion in the philosophical literature: that of Thomas Aquinas. Because Aquinas’s description of the nature of emotion accords …

The Cold War And The Discipline Of Negotiation, Bazil Cunningham

Global Tides

The Cold War period is perhaps one of the most tumultuous periods in modern history apart from the calamity of World War I and World War II. The juxtaposition of two world superpowers and the proliferation of nuclear arms resulted in extreme tension, uncertainty, and fear during the Cold War era. Although nuclear warfare was averted, experts all unanimously agree that the world barely escaped unscathed. This paper will provide detail surrounding the history of the Cold World Era, an in-depth discussion regarding the application of Negotiation theory to this conflict, and any conclusions that can be drawn. The synthesis …

Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King

Animal Sentience

Abstract: When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it is absent …

Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

University of Massachusetts Law Review

This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.

Troubling Feelings: Moral Anger And Clinical Legal Education, Sarah Buhler

Dalhousie Law Journal

Many law students experience strong and sometimes difficult emotions during their time in clinical lawprograms: sadness at clients'stories of trauma, excitement about a victory in court, or anger at the injustices faced by clients. In this article, I focus on the emotion of "moral anger,"or "moral outrage" experienced by lawyers and students in clinicalcontexts, and consider how educators and students might address manifestations of moral anger in clinical law contexts in ways that ignite a critical and social-justice oriented approach to legal practice. By drawing on theoretical insights from the emerging field of critical emotion studies, I argue that a …

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Saint Louis University Law Journal

No abstract provided.

Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell

Pepperdine Dispute Resolution Law Journal

Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …

Music And Emotion In Victim-Impact Evidence, Emily C. Green

Vanderbilt Journal of Entertainment & Technology Law

Aristotle famously said that the "law is reason free from passion," and nothing arouses passion better than music. Thus, when victim-impact evidence evolved from simple oral statements to include photographs, video footage, and musical clips, scholars and judges alike expressed concern that music might be too emotional and may make it difficult for the jury to make a rational decision based on logic rather than feeling. Recent scholarship in the field of law and emotion, however, notes that emotions are inevitable in law and further suggests that these emotions can be used constructively in the legal system. Thus, musically induced …

Memory And Punishment, O. Carter Snead

Vanderbilt Law Review

Developments in cognitive neuroscience-the science of how the brain enables the mind--continue to prompt profound scholarly debate and reflection on the practice and theory of criminal law. Advances in the field have raised vexing questions relating to lie detection, interrogation methods, the Fifth Amendment right against compelled self-incrimination, competency to stand trial, defenses to guilt (such as diminished capacity and insanity), sentencing, and the relationship between moral responsibility and punishment. Similarly, for the past decade, philosophers, scientists, clinicians, and legal scholars have been engaged in a major debate about the cognitive neuroscience of memory and new capacities to modify it …

Our Founding Feelings: Emotion, Commitment, And Imagination In Constitutional Culture, Doni Gewirtzman

University of Richmond Law Review

No abstract provided.

The Emotional Juror., Todd E. Pettys

Fordham Law Review

No abstract provided.

Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone

Missouri Law Review

This article describes a program of research that applies social analytic jurisprudence to test some of the assumptions in consumer bankruptcy law and policy.4 Our work first seeks to describe selected provisions from the newly enacted bankruptcy amendments that pertain to enhanced disclosure requirements, and then to locate some of the behavioral assumptions implicit in these provisions. 5 Next, we assess the accuracy of these assumptions based on an experiment that we conducted looking at a simulated online shopping trip that we constructed specifically to test the effects of enhanced disclosure

Lawyer-Negotiator As Mood Scientist: What We Know And Don't Know About How Mood Relates To Successful Negotiation, The, Clark Freshman, Adele Hayes, Greg Feldman

Journal of Dispute Resolution

This article explores two related questions: First, does mood7 shape how well lawyers succeed at negotiation?" Second, can lawyers succeed better at negotiation by understanding and managing the role of mood? We begin by exploring what scientific evidence we currently have about how mild changes in mood are associated with significant differences in success at negotiation. Ultimately, we argue that existing scientific evidence shows mood plays a far more complicated role than negotiators and negotiation scholars usually imagine, but that further research needs to address more carefully exactly how mood works and how it affects lawyers and legal negotiation. We …

The Progress Of Passion, Kathryn Abrams

Michigan Law Review

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …

Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler

Michigan Law Review

A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton