Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Behavior (2)
- American Psychological Association (1)
- Amicus briefs (1)
- Attorneys' fees (1)
- Bargaining (1)
-
- Capital punishment (1)
- Compliance (1)
- Culture and law (1)
- Death penalty (1)
- Death qualified jurors (1)
- Decision-making (1)
- Emotions (1)
- Empirical studies (1)
- History (1)
- Insurance (1)
- Judicial error (1)
- Juries (1)
- Jurors (1)
- Lawyers (1)
- Legitimacy (1)
- Lockhart v. McCree (1)
- Medical malpractice (1)
- Motivation (1)
- Negligence (1)
- Negotiation (1)
- Norms (1)
- Personal injuries (1)
- Public opinion (1)
- Settlements (1)
- Shame (1)
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Way Beyond Candor, Gail Heriot
Way Beyond Candor, Gail Heriot
Michigan Law Review
Scott Altman's excellent article, Beyond Candor, causes me to pose this query: Does his theory contain not only the seeds of its own rejection, but perhaps also (if I am not careful) the seeds of the rejection of its rejection?
Altman tells us of the orthodox view that judges should be encouraged to be both honest with the public and honest with themselves about how they arrive at their decisions. Through this combination of public candor and critical introspection, judges will produce better judicial opinions and ultimately a better legal system, or so the argument runs.
Shame, Culture, And American Criminal Law, Toni M. Massaro
Shame, Culture, And American Criminal Law, Toni M. Massaro
Michigan Law Review
The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.
These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …
Understanding Legal Compliance, V. Lee Hamilton
Understanding Legal Compliance, V. Lee Hamilton
Michigan Law Review
A Review of Why People Obey the Law by Tom R. Tyler
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Articles
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
Articles
Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …