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Full-Text Articles in Law
Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub
Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub
Psychology Faculty Scholarship
Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein
Law School Blogs
No abstract provided.
Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo
Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
Individuals with mental disabilities have traditionally been and continue to be subjected to rights violations and pervasive discrimination because of their mental disabilities. Seen as “the other,” individuals who are racial minorities and/or are women are marginalized to an even greater extent than other persons with mental disabilities in matters related to civil commitment and institutional treatment (especially involving theright to refuse medication).
It is impossible to examine these questions critically without coming to grips with the ways that expert testimony — testimony that is essential and necessary in all these cases — is infected with bias that leads to …
Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson
Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson
Scholarly Works
This Article uses a law and psychology approach to identify ways to strengthen the administration of justice in the corporate workplace. Essentially, a better understanding of human behavior provides insights that are useful in crafting effective laws and improving the implementation of existing laws. The analysis of perception gaps due to inattentional blindness uncovers an under-theorized factor contributing to an enduring problem. Part I sets out the workforce crisis at the individual, company, national, and international levels and the role of gender inequality in this crisis and the pace of change. Part II discusses perception gaps among demographic groups as …
Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms
Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms
Psychology Faculty Scholarship
Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
In late winter 2009, the airwaves came alive with stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are the vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother’s well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long …
Stereotype Threat: A Case Of Overclaim Syndrome?, Amy L. Wax
Stereotype Threat: A Case Of Overclaim Syndrome?, Amy L. Wax
All Faculty Scholarship
The theory of Stereotype Threat (ST) predicts that, when widely accepted stereotypes allege a group’s intellectual inferiority, fears of confirming these stereotypes cause individuals in the group to underperform relative to their true ability and knowledge. There are now hundreds of published studies purporting to document an impact for ST on the performance of women and racial minorities in a range of situations. This article reviews the literature on stereotype threat, focusing especially on studies investigating the influence of ST in the context of gender. It concludes that there is currently no justification for concluding that ST explains women’s underperformance …
Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang
Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang
Publications
No abstract provided.
Tax Equity, Anthony C. Infanti
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 …
Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss
Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss
Publications
When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …
Shedding A Tear, William I. Miller
Shedding A Tear, William I. Miller
Articles
The tale that follows is also one of great gender anxiety, and it is true.