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Articles 1 - 9 of 9

Full-Text Articles in Law

How Do Securities Laws Influence Affect, Happiness, & Trust?, Peter H. Huang Jan 2008

How Do Securities Laws Influence Affect, Happiness, & Trust?, Peter H. Huang

Articles

This Article advocates that securities regulators promulgate rules based upon taking into consideration their impacts upon investors' and others' affect, happiness, and trust. Examples of these impacts are consumer optimism, financial stress, anxiety over how thoroughly securities regulators deliberate over proposed rules, investor confidence in securities disclosures, market exuberance, social moods, and subjective well-being. These variables affect and are affected by traditional financial variables, such as consumer debt, expenditures, and wealth; corporate investment; initial public offerings; and securities market demand, liquidity, prices, supply, and volume. This Article proposes that securities regulators can and should evaluate rules based upon measures of ...


Authentic Happiness, Self-Knowledge And Legal Policy, Peter H. Huang Jan 2008

Authentic Happiness, Self-Knowledge And Legal Policy, Peter H. Huang

Articles

This Article analyzes three questions: can, how, and should legal policy help people in their individual quests for authentic happiness. This Article adopts psychologist Martin Seligman's definition of the phrase authentic happiness. This Article provides an introduction to examples of legal policies based upon empirical and experimental research in positive psychology, measures of subjective well-being, and quality of life studies.


Emotional Adaptation And Lawsuit Settlements, Peter H. Huang Jan 2008

Emotional Adaptation And Lawsuit Settlements, Peter H. Huang

Articles

In Hedonic Adaptation and the Settlement of Civil Lawsuits, Professors John Bronsteen, Christopher Buccafusco, and Jonathan Masur note an unexplored aspect of protracted lawsuits: During prolonged litigation tort victims can adapt emotionally to even permanent injuries, and therefore are more likely to settle--and for less--than if their lawsuits proceeded faster. This Response demonstrates that this is a facile application of hedonic adaptation with the following three points. First, people care about more than happiness: Tort victims may sue to seek justice or revenge; emotions in tort litigation can be cultural evaluations; and people are often motivated by identity and meaning ...


Response, Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang Jan 2008

Response, Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang

Articles

No abstract provided.


Authentic Happiness & Meaning At Law Firms, Peter H. Huang, Rick Swedloff Jan 2008

Authentic Happiness & Meaning At Law Firms, Peter H. Huang, Rick Swedloff

Articles

We advocate that law firms can and should foster authentic happiness and meaning in the professional lives of their associates. Based upon empirical and experimental research in behavioral economics and positive psychology, we consider how law firms can implement policies to promote authentic happiness and meaning in their associates' professional lives. We also believe that law schools can and should help to reduce the anxiety, stress, and unhappiness that individuals feel as law students and help them develop abilities to achieve meaningful careers as law firm associates. We provide a guide as to how law firms and law schools can ...


Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby Jan 2008

Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby

Articles

No abstract provided.


Tax Equity, Anthony C. Infanti Jan 2008

Tax Equity, Anthony C. Infanti

Articles

Simply put, this article stands the traditional concept of tax equity on its head. Challenging the notion that tax equity is an unequivocal good, this article deconstructs the concept of tax equity to reveal the subtle, yet pernicious ways in which it shapes tax policy debates and impinges upon contributions to those debates. The article describes how tax equity, with its narrow focus on income - as the sole relevant metric for judging tax fairness, presupposes a population that is homogeneous along all other lines. Through this insidious homogenization, tax equity performs both a sanitizing and a screening function in the ...


Prolonged Solitary Confinement And The Constitution, Jules Lobel Jan 2008

Prolonged Solitary Confinement And The Constitution, Jules Lobel

Articles

This Article will address whether the increasing practice of prolonged or permanent solitary confinement constitutes cruel and unusual punishment in violation of the Constitution, and whether it violates the due process rights of the prisoners so confined. It will not only look at United States case law, but at the jurisprudence of international human rights courts, commissions, and institutions. As the U.S. Supreme Court has noted, international jurisprudence can be helpful in determining the scope and meaning of broad terms in our Constitution such as “cruel and unusual punishments” or “due process,” as those terms ought to be understood ...


Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring Jan 2008

Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring

Articles

Public child welfare systems rely heavily on kin to serve as foster parents, requiring public actors to consider and choose among different types of available kin (e.g. maternal grandmothers, paternal grandfathers, matrilateral aunts). Behavioral biology researchers have been exploring kinship relationships and the expected level of investment in child care for different types of kin. This paper explains the relevance to kinship foster care of behavioral biology research on kinship relationships and expected levels of parental investment. This research allows for the development of a rank listing of second-degree kin in terms of their likely level of investment in ...