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Full-Text Articles in Law and Psychology
Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason M. Chin, Alex O. Holcombe, Kathryn Zeiler, Patrick S. Forscher, Ann Guo
Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason M. Chin, Alex O. Holcombe, Kathryn Zeiler, Patrick S. Forscher, Ann Guo
Connecticut Law Review
When can scientific findings from experimental psychology be confidently applied to legal issues? When applications have clear limits, do legal commentators readily acknowledge them? To address these questions, we survey recent findings from an emerging field of research on research (i.e., metaresearch). We find that many aspects of experimental psychology’s research and reporting practices threaten the validity and generalizability of legally relevant research findings, including those relied on by courts and policy-setting bodies. As a case study, we appraise the empirical claims relied on by commentators claiming that measures designed to estimate implicit bias are valid, that implicit bias causes …
The Psychodynamics Of Sexual Choice, Anne Dailey
The Psychodynamics Of Sexual Choice, Anne Dailey
Faculty Articles and Papers
The right of sexual autonomy now occupies a central place in the scheme of constitutional liberties. Consensual sexual relations, including fornication, adultery, and sodomy, are understood to lie beyond the reach of law 's regulatory power. Yet as described in this Article, some sexual encounters by their very nature are likely to engage unconscious psychological processes that involve troubling levels of vulnerability and coercion. Drawing on psychoanalysis, this Article proceeds by examining three relationships that raise heightened concerns about unconscious impairments in sexual choice. Part I investigates the way in which adult incest may trigger unconscious feelings of submission on …
Rethinking The Character And Fitness Inquiry, Leslie Levin
Rethinking The Character And Fitness Inquiry, Leslie Levin
Faculty Articles and Papers
The bar’s character and fitness inquiry seeks to protect the public. As part of this inquiry, bar applicants are required to produce detailed information about their past histories. The rationale for this inquiry is that this information can be used to identify who will subsequently become a problematic lawyer. Bar applicants bear the burden of providing their “good” character even though there is little evidence that past conduct predicts who will become a problematic lawyer. This article looks at psychological and other research that attempt to identify factors that might predict future misconduct in the work place. It also reports …
Ex Ante Versus Ex Post Deliberations: Two Models Of Judicial Deliberations In Courts Of Last Resort, Mathilde Cohen
Ex Ante Versus Ex Post Deliberations: Two Models Of Judicial Deliberations In Courts Of Last Resort, Mathilde Cohen
Faculty Articles and Papers
This Article discusses supreme and constitutional courts’ internal organizational cultures, that is, the way in which justices organize their work and establish informal decision-making norms. Courts of last resort are often presented as exemplary deliberative institutions. The conference meeting, which convenes judges in quiet seclusion to debate, has been glorified as the most significant step in a court’s decision-making process. Based in part on qualitative empirical research, I argue, however, that French, American, and European Justices may not deliberate in the full sense that deliberative democrats have theorized. The Article distinguishes two types of high court deliberations, which I call …
Capacity For Lifetime And Estate Planning, Robert Whitman
Capacity For Lifetime And Estate Planning, Robert Whitman
Faculty Articles and Papers
No abstract provided.
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon
Connecticut Public Interest Law Journal
Vol. 11, No. 1
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Connecticut Public Interest Law Journal
Vol. 11, No. 1
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Imagination And Choice, Anne Dailey
Imagination And Choice, Anne Dailey
Faculty Articles and Papers
Contemporary behavioral legal scholarship on individual decisionmaking draws primarily from cognitive psychology. This Article argues that the field of behavioral legal scholarship should be broadened to include modern psychoanalytic ideas about the processes of individual decisionmaking. As explained here, the basic perspective of psychoanalytic psychology is largely compatible with recent cognitive research on decisionmaking. However, a psychoanalytic perspective adds valuable nuance and complexity by exposing for scholarly examination certain essential attributes of individual decisionmaking that have so far been overlooked. As a first step in bringing modern psychoanalytic ideas to the attention of contemporary behavioral legal scholars, this Article examines …
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Faculty Articles and Papers
Public "reason giving" is an essential duty of democracies, said to promote better public decision-making by keeping the government's discretionary powers in check. However, this aim may be compromised if decision-makers cite insincere and misleading justifications as a means of preventing accountability. This Article contributes to rethinking sincerity in legal decision-making by asking both a normative and a descriptive question. The normative question is whether and to what extent should public institutions disclose the reasons for their decisions. The practical question is whether and how the fact that decision-makers have failed to fully disclose their reasons can be established. The …
Liberalism's Ambivalence, Anne Dailey
Liberalism's Ambivalence, Anne Dailey
Faculty Articles and Papers
This short comment on Nomi Stolzenberg's symposium paper, Liberalism in Love (28 Quinnipiac L. Rev. 593 (2010)), addresses the enduring conflict between rationalism and romanticism as it manifests itself in law. In psychology, the cognitive/behavioral revolution has brought about a dramatic decline in the prominence of psychoanalytic research and therapy. But I argue that this conquest should be seen more in terms of an ambivalence. In law, rationalist ideas about the self and individual decision making necessarily coexist with more romantic ideas about identity and selfhood. Nomi Stolzenberg's essay moves us to think about law in integrated terms: not defined …
Reason Giving In Court Practice: Decision- Makers At The Crossroads, Mathilde Cohen
Reason Giving In Court Practice: Decision- Makers At The Crossroads, Mathilde Cohen
Faculty Articles and Papers
This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions' practice, and sometimes duty, of reason-giving is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals? Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first …
The In-Between Places Where Children Are Socialized, Anne Dailey
The In-Between Places Where Children Are Socialized, Anne Dailey
Faculty Articles and Papers
In Between Home and School, Professor Rosenbury makes a splendid contribution to the emerging legal scholarship on the influence of cultural contexts on children's socialization. Scholars in this field have begun to study the effects on children of the media, peer relationships, civic institutions, and early caregiving environments. Professor Rosenbury's is a bold new voice in this genre offering a normative paradigm of space to replace the traditional dyadic model of state-parent authority over children. At the heart of the spatial paradigm is the view that in-between spaces socialize children in ways that differ both procedurally and substantively from the …
Developing Citizens, Anne Dailey
Developing Citizens, Anne Dailey
Faculty Articles and Papers
The Supreme Court has known for over a half century that the survival of our constitutional polity ultimately depends on the proper cultivation of children's hearts and minds. This idea was expressed most directly in Brown v. Board of Education, where a unanimous Supreme Court concluded that segregated schooling affects the hearts and minds of African-American schoolchildren in a way that undermines the very foundation of good citizenship. On many other occasions as well, the Justices have formulated constitutional doctrine to foster democratic skills of mind in future citizens. Yet for all the normative force of this idea, courts and …
Folk Psychology And Legal Understanding, Robert Birmingham
Folk Psychology And Legal Understanding, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Hidden Economy Of The Unconscious, The, Anne Dailey
Hidden Economy Of The Unconscious, The, Anne Dailey
Faculty Articles and Papers
No abstract provided.
Striving For Rationality, Anne Dailey
Striving For Rationality, Anne Dailey
Faculty Articles and Papers
No abstract provided.
Charles Guiteau And The Christian Nation, Carol Weisbrod
Charles Guiteau And The Christian Nation, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Looking At Law, Carol Weisbrod