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Full-Text Articles in Law

Psychological Barriers To Litigation Settlement: An Experimental Approach, Russell Korobkin, Chris Guthrie Oct 1994

Psychological Barriers To Litigation Settlement: An Experimental Approach, Russell Korobkin, Chris Guthrie

Michigan Law Review

In this article, we seek to substantiate "psychological barriers," as illustrated by the constructs described above, as a third explanation for the failure of legal disputants to settle out of court. Although we are not the first to hypothesize that psychological processes can, in theory, affect legal dispute negotiations, we attempt to give more definition to the otherwise vague contours of the psychological barriers hypothesis by bringing empirical data to bear on the question. To achieve this end, we conducted a series of nine laboratory experiments - involving nearly 450 subjects - designed to isolate the effects of the three psychological processes ...


Aiding And Altruism: A Mythopsycholegal Analysis, Thomas C. Galligan Jr. Jan 1994

Aiding And Altruism: A Mythopsycholegal Analysis, Thomas C. Galligan Jr.

University of Michigan Journal of Law Reform

This Article asserts that traditional tort law should be modified to provide for a duty to act in situations in which a reasonable person would act altruistically. Part I examines traditional and more recent tort doctrine governing the duty to aid. Part II discusses compassion from philosophical, literary, and mythological points of view and explores how these viewpoints inform compassion's possible relationship to a legal duty to help. Part III considers the connections between psychological theories and studies of action, altruism, and empathy. In addition to Batson's work, I reexamine the classic studies of Latan6 and Darley and ...


Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth Jan 1994

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

Articles

The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression ...


Hardening Of The Attitudes: Americans' Views On The Death Penalty, Samuel R. Gross, Phoebe C. Ellsworth Jan 1994

Hardening Of The Attitudes: Americans' Views On The Death Penalty, Samuel R. Gross, Phoebe C. Ellsworth

Articles

American support for the death penalty has steadily increased since 1966, when opponents outnumbered supporters, and now in the mid-1990s is at a near record high. Research over the last 20 years has tended to confirm the hypothesis that most people’s death penalty attitudes (pro or con) are based on emotion rather than information or rational argument. People feel strongly about the death penalty, know little about it, and feel no need to know more. Factual information (e.g., about deterrence and discrimination) is generally irrelevant to people’s attitudes, and they are aware that this is so. Support ...


'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller Jan 1994

'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller

Articles

The phrase "I can take a hint," when said seriously, contains its own denial. It reveals that the speaker has not been very adept at recognizing the hints already given, nor very graceful about not making a scene once he has recognized them. Its very utterance has the effect of punishing the hint-giver by making her hint fail as a hint. The truly successful hint works by gaining its end with no extra awkwardness added to the social encounter. The good hint should be barely perceived by the person toward whom it is directed. We could even say that it ...