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1996

Articles 1 - 11 of 11

Full-Text Articles in Law

Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor Nov 1996

Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor

International Bulletin of Political Psychology

The editor discusses the concept of witness testimony from a legal and psychological perspective.

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Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski Nov 1996

Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski

Cornell Law Faculty Publications


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Predicting Fraudulent Behavior: An Examination Of Characteristics Commonly Exhibited By Fraudulent Dod Contractors, Dwayne P. Sellers Sep 1996

Predicting Fraudulent Behavior: An Examination Of Characteristics Commonly Exhibited By Fraudulent Dod Contractors, Dwayne P. Sellers

Theses and Dissertations

This study examines the relationship between company size, slack, return on investment, and the frequency of fraudulent behavior. A model is proposed in which an increase in company size and a decrease in company slack and return on investment would increase the frequency of fraudulent behavior. A test of the model showed strong support between a relationship between company size and incidents of fraudulent behavior. Additionally, the results suggest that levels of slack may contribute to the frequency of fraud. Further tests provide no support for the relationship between the decrease in return on investment and the increase in the …

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3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Aug 1996

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience.  In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive.  Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.

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1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon Jul 1996

1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon

Thomas D. Lyon

McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.

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3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon Jul 1996

3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).

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2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon Apr 1996

2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon

Thomas D. Lyon

With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and lies, or …

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Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit Jan 1996

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Nancy Levit

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …

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Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax Jan 1996

Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax

All Faculty Scholarship

No abstract provided.

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On The Genealogy Of Moral Hazard, Tom Baker Jan 1996

On The Genealogy Of Moral Hazard, Tom Baker

All Faculty Scholarship

No abstract provided.

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2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory Dec 1995

2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory

Thomas D. Lyon

Determining whether a young child's injuries are due to physical abuse is often extremely difficult. Frequently, the child is nonverbal, and there are no witnesses other than the caretakers that are suspected of abuse. Expert medical opinion is often necessary to diagnose abuse. However, the process by which physicians diagnose physical abuse is something of a mystery to many attorneys, even to those who routinely handle such cases. The medical literature is often impenetrable to those without special training, leading attorneys to defer to expert opinion without fully understanding the basis for such opinion. This is unfortunate. Without understanding the …

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