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Articles 1 - 30 of 40
Full-Text Articles in Law and Psychology
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …
Avoiding The Question: The Court's Decision To Leave The Insanity Defense In State Hands In Kahler V. Kansas, Elissa Crowder
Avoiding The Question: The Court's Decision To Leave The Insanity Defense In State Hands In Kahler V. Kansas, Elissa Crowder
Pepperdine Law Review
This Note will further investigate how the Court reached the correct holding that Kansas's statute does not violate the Due Process Clause. Part II gives historical background of the evolution of the insanity defense and its varied application. Part III recounts Kahler's story and the procedural history leading up to this opinion. Part IV analyzes how the majority reached its conclusion and the counterarguments presented by the dissent. Part V concludes by acknowledging this case will add to state freedom in formulating insanity defenses, but that its actual impact is uncertain because the Court avoided answering whether states can eliminate …
Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama, Cassidy Young
Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama, Cassidy Young
Pepperdine Law Review
In Madison v. Alabama, the Supreme Court held that a capital inmate’s inability to remember his crime did not render him incompetent to be executed. The Court reasoned that an individual who suffers from episodic memory loss may still “rationally understand” society’s reasons for sentencing him to death for a crime he once committed. This Note explores the impact of memory loss on a person’s self-identity, and consequently challenges the notion that a capital inmate who no longer remembers his crime can truly have a rational understanding of it. Specifically, this Note examines how memory loss substantially weakens the two …
Placebo Marks, Jake Linford
Placebo Marks, Jake Linford
Pepperdine Law Review
Scholars often complain that sellers use trademarks to manipulate consumer perception. This manipulation ostensibly harms consumers by limiting their ability to make informed choices. For example, holding other things constant, consumers spend more money on goods with a high-performance reputation. Critics characterize that result as wasteful, if not anticompetitive. But recent marketing research shows that trademarks with a high-performance reputation may sometimes influence perception to the benefit of the consumer. A trademark with a high-performance reputation can deliver a performance-enhancing placebo effect. Research subjects perform better at physical and mental tasks when they prepare or play with a product bearing …
Duty And Disobedience: The Conflict Of Conscience And Compliance In The Trump Era, Keith A. Petty
Duty And Disobedience: The Conflict Of Conscience And Compliance In The Trump Era, Keith A. Petty
Pepperdine Law Review
In the first weeks of President Trump’s administration, the Acting Attorney General was fired for ordering the Justice Department not to enforce a controversial Executive Order on immigration. Police departments and corporate boardrooms prepare for deregulation and less oversight, opening the door to more aggressive police tactics and profit seeking, respectively. Military leaders wonder whether they will be ordered to torture suspected terrorists. In each of these situations, individuals must decide whether they will follow their conscience and disobey superiors, or comply with organizational and state policies. This article examines the conflict between conscience and compliance, and draws upon lessons …
The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber
The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber
Pepperdine Dispute Resolution Law Journal
Success in life requires the ability to resist urges and control behavior. This ability is commonly called “willpower,” the capacity to overcome impulses and engage in conscious acts of self-control. Social psychologists believe willpower is a finite resource dependent on physiological bases including glucose (from food and drink), sleep and other forms of rest, and the absence of stress. In short, people who are hungry, exhausted, or highly stressed tend to have less willpower than those who are well-fed, well-rested, and relatively stress-free. In addition, a person who exerts self-control (uses willpower) tends to reduce temporarily the amount of willpower …
“Because That's Where The Money Is”: A Theory Of Corporate Legal Compliance, William C. Bradford
“Because That's Where The Money Is”: A Theory Of Corporate Legal Compliance, William C. Bradford
The Journal of Business, Entrepreneurship & the Law
The study and regulation of firms per se as agents of compliance may be misguided. Firms are abstractions that exist only in the legal, and not the natural, sense, and, as such, utterly lack decisional capacity. Firms do not decide whether to comply with law; people, specifically officers who exercise decisional authority on their behalf, do. Any theory that would explain or predict firm compliance must account for the individual level of analysis. However, most corporate legal compliance research minimizes the salience of personality. Accordingly, Part II traces associations between personalities of CEOs and firm compliance with obligations arising under …
The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder
The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder
Pepperdine Law Review
This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer …
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …
The Case For Forgiveness In Legal Disputes, Eileen Barker
The Case For Forgiveness In Legal Disputes, Eileen Barker
Pepperdine Dispute Resolution Law Journal
The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.
When More Than Sorry Matters, Lee Taft
When More Than Sorry Matters, Lee Taft
Pepperdine Dispute Resolution Law Journal
The article offers information on the legal aspects of apologizing and its place in dispute resolution. The typology of apology under the book "Mea Culpa" of sociologist Nicholas Tavuchis is mentioned, which distinguishes between authentic and inauthentic apologies. It reports that authentic apology acknowledges the legitimacy of the violated rule through speech, admits fault for its violation and expresses regret for the harm caused by the violation.
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Pepperdine Dispute Resolution Law Journal
The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Pepperdine Dispute Resolution Law Journal
The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
Pepperdine Dispute Resolution Law Journal
The article offers information on the concept and process of forgiveness from a psychological point of view. It discusses several decisions based on the challenging issue of forgiveness, which determines the purpose, timing, and effectiveness to assist forgiveness in avoiding risk to the forgiver. It informs that the forgiveness is relevant in cases where one person clearly commits some offense against another under conditions of envy, jealousy, and unhealed wounds.
Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr.
Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr.
Pepperdine Law Review
No abstract provided.
Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt
Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt
Journal of the National Association of Administrative Law Judiciary
This article explores the development of the doctrine of informed consent, first in medicine and then in the mental health field. It also explores the history of psychotherapy as the primary method of treatment for mental illness and emotional distress. It then analyzes the reasons for the proliferation of new and emerging psychotherapy techniques, even as the doctrine of informed consent became commonplace. This article next proposes a two-fold solution. The first is a newly energized conception of informed consent in the mental health field. The second is the implementation of a regulatory mechanism akin to the Food and Drug …
Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett
Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett
Pepperdine Law Review
The identification of conduct disordered children, that is, those children who are susceptible to becoming delinquent, is the first necessary step that must be undertaken if society's efforts to control a spiraling crime rate are to be successful. It is the authors' underlying premise that since the traditional approaches to rehabilitation have proven ineffective, it is incumbent upon the various state legislatures to become receptive to new methods and programs designed to prevent delinquency. The distinguishing feature of these alternatives would be early intervention and treatment. Admittedly, the authors note, many of these programs are experimental and based on the …
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pepperdine Dispute Resolution Law Journal
The article presents information on the study of happiness with respect to the conflict resolution and the goals of Alternative Dispute Resolution. The study of happiness with its disciplines and methodologies falls under the field of psychology. Information on the role of the American Psychological Association of the U.S. on the study and science of happiness that consists of the findings on the subject of medicine, economics, neuroscience and philosophy is also presented.
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Pepperdine Law Review
At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …
Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route, Harlow M. Huckabee
Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route, Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Decisional Integrity And The Business Judgment Rule: A Theory, Alfred Dennis Mathewson
Decisional Integrity And The Business Judgment Rule: A Theory, Alfred Dennis Mathewson
Pepperdine Law Review
No abstract provided.
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk
Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk
Pepperdine Law Review
No abstract provided.
Recovered Memories, Extended Statutes Of Limitations And Discovery Exceptions In Childhood Sexual Abuse Cases: Have We Gone Too Far?, Jorge L. Carro, Joseph V. Hatala
Recovered Memories, Extended Statutes Of Limitations And Discovery Exceptions In Childhood Sexual Abuse Cases: Have We Gone Too Far?, Jorge L. Carro, Joseph V. Hatala
Pepperdine Law Review
No abstract provided.
Witnesses With Multiple Personality Disorder, Jacqueline R. Kanovitz, Bob S. Kanovitz, James P. Bloch
Witnesses With Multiple Personality Disorder, Jacqueline R. Kanovitz, Bob S. Kanovitz, James P. Bloch
Pepperdine Law Review
No abstract provided.
The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller
Pepperdine Law Review
No abstract provided.
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
Pepperdine Law Review
No abstract provided.