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Law Library Blog (May 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Why Sustainable Procurement? Read All About It, Steven L. Schooner

GW Law Faculty Publications & Other Works

As procurement professionals (knowingly or unknowingly) await regulations promulgated in an effort to adapt to and mitigate climate change, significant opportunities exist within current federal regulations and policy to affect change. For now, the burden to stimulate innovation falls upon procurement professionals, individually, and collectively. In that context, information is power. What better place to start than with a good book?

With an eye towards informing productive conversations across the federal acquisition community about evolving expectations, practices, and policies in sustainable procurement, this article suggests some reading from the massive and diverse body of work related to climate change.

This …

The Lawyer As Dream Enabler, Gerald Reamey

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw

Student Theses

The present research explores whether inducing empathy in death-qualified mock jurors leads to fewer death sentences in a penalty phase trial. Previous research has shown that inducing empathy in jurors leads to lesser sentences and perceived responsibility of the perpetrator for the crime. However, none of this research has examined death penalty cases, and most have focused on instances where the victim was also the perpetrator of a separate crime against the defendant (e.g., abuse). Extending this line of research, the present study examines whether these results extend to instances where the perpetrator and victim are strangers. Additionally, considering the …

The Intersecting And Additive Nature Of Vulnerability: Dehumanizing Or Protecting?, Megan Berry-Cohen

Department of Psychology: Dissertations, Theses, and Student Research

Recent research has examined how extra-legal factors such as emotions and stereotypes impact legal judgment decisions regarding traditionally vulnerable populations. Less work has explored not only what makes a group vulnerable, but how people perceive, interpret, and apply that vulnerability. The current research therefore integrates psychological theory and legal models to understand vulnerability and its implications. Three studies examined the roles of various factors, including dehumanization and empathy, in understanding how people respond to vulnerable individuals in general and then to women who have survived sexual violence.

In Experiment 1, I manipulated sex (female vs. male), age (older: 60 years …

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …

Law School News: Dr. Fauci Calls On Rwu Graduates To Preserve 'Truth Justice, Diversity And Equality' 05/20/2022, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Worth A Shot: Encouraging Vaccine Uptake Through “Empathy”, Dr. Jody Lyneé Madeira

Vanderbilt Journal of Entertainment & Technology Law

Pro- and anti-vaccine organizations and individuals have frequently invoked empathy as a strategy for increasing uptake of COVID-19 precautions, including vaccinations. On one hand, vaccine supporters deployed empathy to defuse conflict, prioritize safeguarding the collective welfare, and avoid government mandates. On the other hand, vaccine opponents used empathy to emphasize the alleged individual effects of pandemic precautions, mobilize public voices, and stress the importance of medical freedom in policy-making contexts.

This Article first defines empathy and reviews empathy scholarship, paying particular attention to its relationship with narrative and the contexts where empathy can be difficult or dangerous. It then applies …

2022 A Legal Odyssey: This Mission Is Too Importaint For Us To Allow Computers To Jeopardize It, Cameron P. Cordell

Honors Projects

The purpose of this paper is to discover if Artificial Intelligence could and should replace human jurists. By looking at the two theories that offer a way to apply the law (legal formalism and legal realism), multiple different answers to this question emerge. Looking at the corner stone of legal realism which is considered empathy, reasons as to why A.I. in the court room begin to emerge. Many studies and data were included in this study that covered a variety of topics such as A.I. experiments, legal data, and psychological emotions. In summary, the results of the research are that …

Clippers & Cops And Go Pro In Life, Tyrone J. Dennis

National Youth Advocacy and Resilience Conference

Clippers and cops is an organization I (Detective Tyrone Dennis) started in March of 2018 where APD officers actually go into our own communities to speak to civilians about our own experiences; good and bad.

Meeting at local barber shops, Rec centers, to local restaurants, “Clippers and cops” is a relaxed round table discussion that gives every day people a neutral and safe platform for their voices to be heard without judgement, And a place to have an open dialogue about the adversity and hot button issues that have caused such disparity between these 2 conflicting worlds.

Today young people …

Worth A Shot: Encouraging Vaccine Uptake Through "Empathy", Jody L. Madeira

Articles by Maurer Faculty

Pro- and anti-vaccine organizations and individuals have frequently invoked empathy as a strategy for increasing uptake of COVID-19 precautions, including vaccinations. On one hand, vaccine supporters deployed empathy to defuse conflict, prioritize safeguarding the collective welfare, and avoid government mandates. On the other hand, vaccine opponents used empathy to emphasize the alleged individual effects of pandemic precautions, mobilize public voices, and stress the importance of medical freedom in policy-making contexts.

This Article first defines empathy and reviews empathy scholarship, paying particular attention to its relationship with narrative and the contexts where empathy can be difficult or dangerous. It then applies …

Building Fierce Empathy, Binny Miller

Articles in Law Reviews & Other Academic Journals

In this Article I explore the process of building and sustaining empathy with clients in the context of representing juvenile lifers-- people convicted of serious crimes as children and sentenced to life or sentences that ensure that they spend most of their lives in prison--in a law school clinic. Before turning to my own lawyering experiences and those of my clinic students, I ground the discussion of empathy in the competing theories of Charles Ogletree and Abbe Smith about the value of empathic lawyering for public defenders. These theories, together with the contributions of other scholars, provide a springboard for …

Police Officer Years Of Service: Does It Play A Role In Officer Displays Of Empathy?, Rachel Jeffries

Boise State University Theses and Dissertations

In the 2019 National Crime Victimization Survey, only 52.2% of domestic violence (DV) incidents were reported to the police (Morgan & Truman, 2020). With significantly low reporting rates, policing agencies may be asking themselves what they can do to encourage victims of DV to come forward and report their victimizations. Research on DV victims’ perceptions of police response suggests that, when police provide empathy-like responses to victims of DV, there are numerous benefits for the victim and the policing agency (Birdsey & Snowball, 2013; Johnson, 2007; Stephens & Sinden, 2000). Thus, empathy could be a central component to improving reporting …

Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh

Faculty Scholarship

Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …

Review Of Samuel J. Levine’S Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: Urim Publications, Jerusalem, New York, Nathan Weissler

Touro Law Review

No abstract provided.

Reassessing The Judicial Empathy Debate: How Empathy Can Distort And Improve Criminal Sentencing, Warren Cormack

Mitchell Hamline Law Review

No abstract provided.

Administrative Law In The Automated State, Cary Coglianese

All Faculty Scholarship

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …

Law School News: A Fond Farewell To Dean Michael Yelnosky 06-26-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Disruptive Philosophy: A Turnaround Artist With Heart

The International Journal of Ethical Leadership

No abstract provided.

Can You Hear Me Later And Believe Me Now? Behavioral Law And Economics Of Chronic Repeated Ambient Acoustic Pollution Causing Noise-Induced (Hidden) Hearing Loss, Peter H. Huang, Kelly J. Poore

Publications

This Article analyzes the public health issues of Noise-Induced Hearing Loss (“NIHL”) and Noise-Induced Hidden Hearing Loss (“NIHHL”) due to Chronic Repeated Ambient Acoustic Pollution (“CRAAP”). This Article examines the clinical and empirical medical data about NIHL and NIHHL and its normative implications. It applies behavioral law and economics and information economics to advance legal policies to reduce CRAAP. Finally, this Article advocates changing individual and social attitudes about deafness and hearing loss to raise political awareness and social consciousness about NIHL and NIHHL. One way to change our attitudes is by practicing compassion, empathy, and kindness, including Loving-Kindness Mindfulness …

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Utah Law Faculty Scholarship

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro Bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This paper utilizes a data set of over forty student-client consultations at a pro bono brief advice clinic that have been recorded and transcribed. It uses conversation analysis to study …

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson

CLCWeb: Comparative Literature and Culture

In “Mediating Suffering: Buddhist Detachment and Tantric Responsibility in Michael Ondaatje’s Anil’s Ghost,” Justin Hewitson argues that the global mediation of suffering following human rights abuses creates the offender-victim binary. The way in which moral judgments drive urgent peacemaking is seldom connected to long-term victimhood narratives. This psychology can exacerbate cyclical patterns of anger, exploitation, and violence by deferring responsibility. Ondaatje’s controversial novel, Anil’s Ghost, which reflects these charged accusations, refuses to settle blame on any side of the Sri Lankan conflict; instead, it offers the troubling recognition that offenders, victims, and mediators are all causal agents. Hewitson …

The Progress Of Passion, Kathryn Abrams

Kathryn Abrams

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

Jill Engle

No abstract provided.

Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Rebooting Empathy For The Digital Generation Lawyer, Lauren A. Newell

Law Faculty Scholarship

There is a growing preference in today’s technology-saturated society for online interaction via email, text messages, social networks, and instant messaging, rather than real-world interaction through face-to-face or telephonic conversations. For today’s young people—the Digital Generation—this is more than a mere preference; it is a way of life. Research indicates that the movement toward virtual communication comes with negative consequences, such as poor real-world communication skills and underdeveloped social skills. Most significantly, research suggests that the Digital Generation are less empathic than elder generations are. Some researchers speculate that the rising prominence of information and communication technologies (ICTs) in everyday …

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Melissa Love Koenig, Julie A. Oseid, Amy Vorenberg

Marquette Law Review

Will Artificial Intelligence (AI) replace human lawyering? The answer is

no. Despite worries that AI is getting so sophisticated that it could take over

the profession, there is little cause for concern. Indeed, the surge of AI in the

legal field has crystalized the real essence of effective lawyering. The lawyer’s

craft goes beyond what AI can do because we listen with empathy to clients’

stories, strategize to find the story that might not be obvious, thoughtfully use

our imagination and judgment to decide which story will appeal to an audience,

and creatively tell those winning stories.

This Article reviews …

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 …