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Articles 1 - 19 of 19

Full-Text Articles in Law

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon Jul 1993

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.


1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell May 1993

1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ago" …


Waco Tragedy Product Of Groupthink, Aubrey Immelman May 1993

Waco Tragedy Product Of Groupthink, Aubrey Immelman

Psychology Faculty Publications

This opinion column employs the eight symptoms of groupthink specified by Irving Janis to evaluate whether the tragic end to the 1993 FBI siege of David Koresh’s Branch Davidian compound near Waco, Texas — which culminated in deaths of 76 civilians — could have been the product of groupthink.


Mindlessness And Nondurable Precautions, Paul J. Heald Apr 1993

Mindlessness And Nondurable Precautions, Paul J. Heald

Scholarly Works

Assuming initially that negligence law does not make the distinction between durable and nondurable precautions, this Article will first explain in economic terms why the failure of courts to take into account the cost of remembering may nonetheless be efficient. A substantial body of research on the phenomenon of mindless decisionmaking ("scripting") suggests that most remembering is automatic--a nonconscious response to frequently encountered patterns of stimuli. Script theory suggests that once the behavioral script is in place, an automatic response operates at a very low cost. If so, the failure of courts to account for the cost of remembering would …


Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer Jan 1993

Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer

Articles & Chapters

No abstract provided.


Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman Jan 1993

Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman

Articles & Chapters

This article examines the way that "sanist" attitudes (attitudes driven by the same kind of irrational, unconscious and bias-driven stereotypes exhibited in racist and sexist decisionmaking) lead to "pretextual" decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact-finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination …


Introduction: Psychology And Psychiatry In The Law, J. Clark Kelso Jan 1993

Introduction: Psychology And Psychiatry In The Law, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.


Expert Testimony Describing Psychological Syndromes, John E.B. Myers Jan 1993

Expert Testimony Describing Psychological Syndromes, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


What Is Therapeutic Jurisprudence?, Michael L. Perlin Jan 1993

What Is Therapeutic Jurisprudence?, Michael L. Perlin

Articles & Chapters

No abstract provided.


Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin Jan 1993

Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone?, Michael L. Perlin Jan 1993

The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone?, Michael L. Perlin

Articles & Chapters

No abstract provided.


Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick Jan 1993

Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick

NYLS Journal of Human Rights

No abstract provided.


Paternalism, Civil Commitment And Illness Politics: Assessing The Current Debate And Outlining A Future Direction, Bruce A. Arrigo Jan 1993

Paternalism, Civil Commitment And Illness Politics: Assessing The Current Debate And Outlining A Future Direction, Bruce A. Arrigo

Journal of Law and Health

The purpose of this article is to examine critically the role that both law and psychiatry have played in casting mentally ill persons as deviants, citizen / outsiders caught in a crossfire of illness politics. This examination will focus on those values protected and privileged by the medical and legal professions as reflected in confinement law and policy primarily during the last quarter of the twentieth century. The social, economic and political power these disciplines exercise in the lives of psychiatric citizens raises significant questions concerning the future of involuntary civil commitment both from a clinical and justice policy perspective. …


Decoding Right To Refuse Treatment Law, Michael L. Perlin Jan 1993

Decoding Right To Refuse Treatment Law, Michael L. Perlin

Articles & Chapters

No abstract provided.


To Stay At Home: Analysis Of Rights And Recommendations On Procedures For Persons Receiving Mental Health Services In The Community , Janet L. Lowder, Franklin J. Hickman Jan 1993

To Stay At Home: Analysis Of Rights And Recommendations On Procedures For Persons Receiving Mental Health Services In The Community , Janet L. Lowder, Franklin J. Hickman

Journal of Law and Health

Before the pendulum swings back to the use of institutions as the primary treatment modality for persons with severe mental illness, there should be a re-examination of the alternatives available to community care providers to ensure compliance with treatment outside of the hospital. This article will focus on the alternatives available in the Ohio mental health system, which is fundamentally oriented towards community-based treatment, and the effects of this orientation.


Constitutional Law - When Does Guilty Of Third Degree Murder Equal Not Guilty By Reason Of Insanity, Robert Ebby Jan 1993

Constitutional Law - When Does Guilty Of Third Degree Murder Equal Not Guilty By Reason Of Insanity, Robert Ebby

Villanova Law Review

No abstract provided.


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth Jan 1993

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …


Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson Jan 1993

Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson

All Faculty Scholarship

No abstract provided.