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Articles 1 - 12 of 12

Full-Text Articles in Law

The Cognitive Psychology Of Circumstantial Evidence, Kevin Jon Heller Nov 2006

The Cognitive Psychology Of Circumstantial Evidence, Kevin Jon Heller

Michigan Law Review

Empirical research indicates that jurors routinely undervalue circumstantial evidence (DNA, fingerprints, and the like) and overvalue direct evidence (eyewitness identifications and confessions) when making verdict choices, even though false-conviction statistics indicate that the former is normally more probative and more reliable than the latter The traditional explanation of this paradox, based on the probability-threshold model of jury decision-making, is that jurors simply do not understand circumstantial evidence and thus routinely underestimate its effect on the objective probability of the defendant's guilt. That may be true in some situations, but it fails to account for what is known in cognitive psychology …


Something Must Be Done: An Argument For The Partial Deregulation Of Research On Bipolar Disorder And The Implementation Of Rolling Informed Consent, Janalee S. Kraschnewski May 2006

Something Must Be Done: An Argument For The Partial Deregulation Of Research On Bipolar Disorder And The Implementation Of Rolling Informed Consent, Janalee S. Kraschnewski

University of Michigan Journal of Law Reform

Bipolar disorder (BD) cripples the lives of countless individuals across the globe. The healthcare community has had difficulty securing effective, long-term treatment for this disease. This Note argues that enlarging the pool of possible research subjects through partial deregulation of BD research would facilitate the development of better treatment. This Note further proposes the implementation of a system of rolling informed consent to ensure that actual and full consent is obtained from BD research subjects.


To Err Is Human, Keith A. Rowley May 2006

To Err Is Human, Keith A. Rowley

Michigan Law Review

There are many kinds of mistakes. One kind-a rational, well-intended act or decision resulting in unanticipated, negative consequences-was the focus of Allan Farnsworth's previous foray into the realm of legal angst. Another kind-an act or decision prompted by an inaccurate, incomplete, or uninformed mental state and resulting in unanticipated, negative consequences- is the subject of the present book. Like its predecessor, Alleviating Mistakes does not confine itself to contract law, Farnsworth's home turf; it explores criminal, tort, restitution, and other areas of substantive law as well. As such, it paints on too large a canvas to capture its entirety in …


Developmentally-Sound Practice In Family And Juvenile Court, Marty Beyer Mar 2006

Developmentally-Sound Practice In Family And Juvenile Court, Marty Beyer

Nevada Law Journal

No abstract provided.


Evaluating The Impact Of Intervention On Families, Catherine E. Krebs Mar 2006

Evaluating The Impact Of Intervention On Families, Catherine E. Krebs

Nevada Law Journal

No abstract provided.


Obtaining And Utilizing Comprehensive Forensic Evaluations: The Applicability Of One Clinic's Model, Antoinette Kavanaugh, Jennifer Clark, Tiffany Masson, Barbara Kahn Mar 2006

Obtaining And Utilizing Comprehensive Forensic Evaluations: The Applicability Of One Clinic's Model, Antoinette Kavanaugh, Jennifer Clark, Tiffany Masson, Barbara Kahn

Nevada Law Journal

No abstract provided.


Perceptions Of Crime: A Multidimensional Analysis With Implications For Law And Psychology, Jeremy A. Blumenthal Jan 2006

Perceptions Of Crime: A Multidimensional Analysis With Implications For Law And Psychology, Jeremy A. Blumenthal

McGeorge Law Review

No abstract provided.


The Paranormal, Daubert, Dictionary Court, And A Futuristic Courtroom Drama, Joseph P. Baker Jan 2006

The Paranormal, Daubert, Dictionary Court, And A Futuristic Courtroom Drama, Joseph P. Baker

Florida A & M University Law Review

No abstract provided.


Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield Jan 2006

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.


Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek E. Bambauer Jan 2006

Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek E. Bambauer

University of Colorado Law Review

The model of the "marketplace of ideas" governs critical decisions in American jurisprudence on regulating communications. This theory holds that, over time, we collectively process ideas and information to separate truth from falsehood. State intervention is therefore unnecessary and undesirable, for it may prevent us from discovering inelegant but useful ideas. However, research in cognitive psychology and behavioral economics shows that we operate with significant, persistent perceptual biases that undercut this model's assumptions. The marketplace model errs in describing how we interact with information; accordingly, it cannot reliably assess when regulation is desirable. We should discard the marketplace of ideas …


Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona Jan 2006

Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona

UIC Law Review

No abstract provided.


Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner Jan 2006

Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner

UIC Law Review

No abstract provided.