Law Commons^™

“Facebook In The Flesh”, Timothy Zick

Timothy Zick

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Law And Biology: Toward An Integrated Model Of Human Behavior, Owen D. Jones

Owen Jones

As first year law students unhappily discover, the meaning of "law" is frustratingly protean, shifting by usage and user. Depending on whom you ask, law is a system of rules, a body of precedents, a legislative enactment, a collection of norms, a process by which social goals are pursued, or some dynamic mixture of these. Law's principal purpose is to define and protect individual rights, to ensure public order, to resolve disputes, to redistribute wealth, to dispense justice, to prevent or compensate for injury, to optimize economic efficiency, or perhaps to do something else. And yet one thing is irreducibly …

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Owen Jones

Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?

The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …

Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith

Owen Jones

Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. The better those understandings, the better law can achieve social goals with legal tools. In this Article, Professors Jones and Goldsmith argue that many long held understandings about where behavior comes from are rapidly obsolescing as a consequence of developments in the various fields constituting behavioral biology. By helping to refine law's understandings of behavior's causes, they argue, behavioral biology can help to improve law's …

The Psychology Of Patent Protection, Stephanie Plamondon Bair

Stephanie Bair

This Article offers the first comprehensive assessment of the major justifications for our patent system using a behavioral psychology framework. Applying insights from the behavioral literature that I argue more accurately account for the realities of human action than previous analytical tools, I critically evaluate each of the major justifications for patents — incentive theory, disclosure theory, prospect theory, commercialization theory, patent racing theory, and non-utilitarian theories. I ask whether our current patent system is an effective regime for meeting the stated goals of these accounts. When the answer to this question is no, I again turn to the behavioral …

Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan

Donald J. Kochan

Trademark Morality, Mark Bartholomew

Mark Bartholomew

This Article challenges the modern rationale for trademark rights. According to both judges and legal scholars, what matters in adjudicating trademark cases are the economic consequences, particularly for consumers, of a defendant’s use of a mark, not the use’s morality. Nevertheless, under this utilitarian facade, there are also at work judicial assessments of highly charged questions of right and wrong. Recent findings in the field of moral psychology demonstrate the influence of particular moral triggers in all areas of human decisionmaking, often operating without conscious awareness. These triggers influence judges deciding trademark disputes. A desire to punish bad actors, particularly …

Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin

D'Andre Devon Lampkin

This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre Devon Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.

Policing Identities: Cop Decision Making And The Constitution Of Citizens, Trish Oberweis, Michael Musheno

Michael Musheno

Examines police decision making by focusing on stories from 10 officers & drawing together contemporary thought about identities & police subculture. The inquiry suggests that police decision making is both improvisational & patterned. Cops are moral agents who tag people with identities as they project identities of their own. They engage in raw forms of division or stereotyping, marking some as Others to be feared & themselves as protectors of society, while exercising their coercive powers to punish "the bad." Due, in part, to the many ways that they identify themselves, cops also connect with people as unique individuals, including …

Symbolism And Incommensurability In Civil Sanctioning: Decision Makers As Goal Managers, Jennifer Robbennolt, John Darley, Robert Maccoun

Robert MacCoun

No abstract provided.

The Lived-Experience Of Police Vehicle Pursuit: A Descriptive Phenomenological Psychological Study, Rodger E. Broome Phd, Taketo Tabata Phd

Rodger E. Broome

The purpose of this article was to explore police officerʼs experiences during police vehicle pursuits. Interviews of three US police officers were conducted and the descriptive phenomenological psychological method was used to analyze their naive accounts of their lived-experiences. The psychological constituents of the experience of leading a successful chase and capture of a fleeing criminal found are: (1)Alert to Possible Car Chase,(2)Suspect Identified,(3)Anxiety and Excitement About the Chase,(4)Awareness of Primary Chase Role,(5)Radio Coordination with Others to Take Actions to Stop the Suspect,(6)Ongoing Evaluation of Chase Situation and Persistence,(7)Reading the SuspectʼsDriving Behaviors,(8)Car Chase Transition to a Coordinated Physical Capture, and(9)Making …

Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum

Sandra A. Yocum

This book brings together experts primarily from the fields of criminology, criminal justice, law, and social work, but also cultural anthropology and psychology, to analyze clergy sexual abuse from the perspective of their individual disciplines. Contributors examine the latest data and analyses on the scope and impact of clergy sexual abuse, frame the problem in terms of sociological and criminological theories of crime and deviance, explore the social and legal issues the problem raises for the personal and communal life of faith communities, and discuss possibilities for reform, reconciliation, and healing. Covering sexual abuse of both minors and adults, chapters …

Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler

Jayme M Reisler

The high rate of comorbid substance use disorder and other mental illness (“dual diagnosis”) poses an enormous obstacle to public policy and sentencing in criminal cases. It is estimated that almost half of all Federal, State, and jail inmates suffer from dual diagnosis – a significantly higher prevalence than in the general population. Yet such inmates lack access to proper and effective treatments for their conditions. Several etiological theories have been put forth to explain the occurrence of dual diagnosis in general. However, virtually no studies have explored possible etiological reasons for the higher prevalence of dual diagnosis specifically in …

"Renounce And Enjoy": The Pursuit Of Happiness Through Gandhi's Simple Living And High Thinking, Nehal A. Patel

Nehal A. Patel

TABLE OF CONTENTS

INTRODUCTION 2

I. SIMPLICITY AND NON-HARM BOTH ARISE FROM AN INTENSE IDENTIFICATION WITH ALL THINGS 2

II. CONSUMPTION AND ITS DISCONTENTS 8

III. HAPPINESS AS A GROSS DOMESTIC PRODUCT 14

Compartmentalized Thinking And The Clean Water Act, Christine A. Klein

Christine A. Klein

Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In …

Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman

Sydney A. Beckman

In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?

Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language interpretation, and physical …

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Leslie C. Levin

The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …

Witness Response Manipulation Through Strategic "Non-Leading" Questions (Or The Art Of Getting The Desired Answer By Asking The Right Question), Sydney Beckman

Sydney A. Beckman

No abstract provided.

When Students Lose Perspective: Clinical Supervision And The Management Of Empathy, Laurel E. Fletcher, Harvey M. Weinstein

Laurel E. Fletcher

This article examines the opportunities and problems that arise in the process of lawyer-client communication. The authors suggest that empathic communication is a critical dimension of lawyering and that without empathy, much valuable affective and cognitive knowledge about the client's case may be lost. A critical first step in this process involves identification with the client. In the article, the authors clarify how identification differs from empathy and challenge the oft-cited concern of “over-identification.” In addition, they examine those situations in which identification with a client may have negative consequences for representation. These issues are explored in the context of …

The Legitimacy Of Crimmigration Law, Juliet P. Stumpf

Juliet P Stumpf

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …

Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill

David S Caudill

No abstract provided.

September 11th: Pro Bono And Trauma, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Ken Levy

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Owning Enlightenment: Proprietary Spirituality In The 'New Age' Marketplace, Walter Effross

Walter Effross

This article analyzes recent attempts made by the Arica Institute, the Church of Scientology, and Star's Edge - reaching, in each case, the relevant Circuit Court of Appeals - to apply intellectual property law to prevent the unauthorized dissemination of their spiritual teachings and techniques. As the article details, such concerns have been raised in connection with a wide range of traditional and modern practices, including Zen, Kabbalah, Yoga, Sufism, Christian Science, est, Reiki, the Gurdjieff Work, A Course in Miracles, and Transcendental Meditation. The article draws on a variety of primary sources, including trial transcripts, appellate pleadings, Web sites, …

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.

Understanding The Cycle Of Procrastination, Meehan Rasch

Meehan Rasch

Procrastination is one of the enduring challenges of human existence, as well as one of the chief problems with which law students struggle. Understanding the cycle of procrastination can help law professors and advisors more constructively address students’ issues in this area—not to mention our own.

Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips

Kimberly D Phillips

"Ineffective In Any Form: Confirmation Biases And Other Psychological Phenomena Undermine Improved Home Loan Disclosures", Debra P. Stark, Jessica M. Choplin

Debra Pogrund Stark

This article reports three eye-tracking experiments funded by the National Science Foundation that investigated the limitations of home-loan disclosure forms as a means of protecting consumers from imprudent or otherwise unsuitable home loans. These experiments found that presenting misleading information (such as “your interest rate is at 4%” when in fact that interest rate can rise to 8% over the life of the loan) can cause consumers to exhibit confirmation biases wherein they inappropriately skim the form to confirm the misleading information (a rate of 4%), and ignore information that would disconfirm those beliefs (that the rate can rise). These …