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Articles 1 - 25 of 25
Full-Text Articles in Law and Psychology
The Psychiatrist And Execution Competency: Fording Murky Ethical Waters, Douglas Mossman Md
The Psychiatrist And Execution Competency: Fording Murky Ethical Waters, Douglas Mossman Md
Faculty Articles and Other Publications
The focus of this article is whether it is ethical for physicians to participate in the evaluation or treatment of condemned prisoners who are incompetent. According to Ward, this may be the "ultimate question, faced by psychiatrists who are asked to deal with execution competency. This article is not intended to offer an answer to this question. Rather, it seeks to (1) elucidate issues connected to the "ultimate question's" resolution, (2) articulate a set of premises within which psychiatrists should evaluate their relationship to institutions whose purposes include punishing criminals, and (3) suggest that, if the death penalty itself is …
Judicial Choice And Disparities Between Measures Of Economic Values, David Cohen, Jack L. Knetsch
Judicial Choice And Disparities Between Measures Of Economic Values, David Cohen, Jack L. Knetsch
Osgoode Hall Law Journal
An important idea, which characterizes law in society, is a reluctance to move from the status quo. In general, one can argue that legal institutions and legal doctrine are not engaged in the redistribution of wealth from one party to another. This paper explores a possible explanation for that principle. The authors' research suggests that, across a wide range of entitlements and in a variety of contexts, individuals value losses more than foregone gains. The paper argues, as a matter of efficiency, that law and social policy might have developed in a manner consistent with this valuation disparity. Furthermore, this …
Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin
Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin
Articles & Chapters
No abstract provided.
Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh
Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh
University of Michigan Journal of Law Reform
Part I of this Article describes the general nonrecognition of altruism in the law. It then focuses on contract law, discussing cases involving parties who cohabitate without formalizing their relationship in a marriage, and those who are not sexually intimate but are nevertheless interrelated members of an extended family. I argue that when a relationship ends, a caretaker becomes aware of her sacrifice and effort on behalf of another and experiences a sense of loss. However, recovery in contract requires the perverse recharacterization of the parties as self-seeking strangers impersonally bargaining over market services in a commodity exchange. Courts indulge …
"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet
"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet
Communication Studies
No abstract provided.
Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb
Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb
Cornell Law Faculty Publications
Abstract needed.
Psychological Type Theory In The Legal Profession, Raymond B. Marcin
Psychological Type Theory In The Legal Profession, Raymond B. Marcin
Scholarly Articles
For some time now the phenomenon known as psychological typing has been finding its way into the study and even the practice of law. The phenomenon has its origin in the notion that people are different in ways that are meaningfully categorizable and classifiable, i.e., that there are genuine, empirically verifiable psychological "types" among people, with the members of each type possessing similar psychological characteristics to some significant extent. The phenomenon is based in Jungian psychology, but its influence has extended well beyond that discipline and into others, including the law and lawyering. More than two decades ago, in an …
Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott
Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott
Villanova Law Review
No abstract provided.
Integrating Legal And Psychological Perspectives On The Right To Personal Autonomy - Introduction, Stephen J. Anderer
Integrating Legal And Psychological Perspectives On The Right To Personal Autonomy - Introduction, Stephen J. Anderer
Villanova Law Review
No abstract provided.
Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis
Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis
Villanova Law Review
No abstract provided.
Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth
Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth
Articles
A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects …
On Sanism, Michael L. Perlin
Eyewitness Suggestibility Across Presentation Modalities, David Van Norman
Eyewitness Suggestibility Across Presentation Modalities, David Van Norman
Theses Digitization Project
Misleading post-event information--Cognitive processing differences.
Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker
Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker
Seattle University Law Review
At the University of Arizona, we hope to develop a series of studies that will ultimately examine a variety of empirical issues relating to the law and plea process with respect to sex offenders. These studies arise from one particular therapeutic jurisprudence application proposed by David Wexler and Bruce Winick. This Article summarizes the empirical questions raised by Wexler and Winick's theory and suggests how those questions might be empirically analyzed.
A Psychiatric Perspective On Washington's Sexually Violent Predators Statute, Robert M. Wettstein, M.D.
A Psychiatric Perspective On Washington's Sexually Violent Predators Statute, Robert M. Wettstein, M.D.
Seattle University Law Review
This Article will critique Washington's Community Protection Act from the perspective of a clinical and forensic psychiatrist. Part II of the Article will address and examine problems with the statute's definitions and consider some of the problems in conducting evaluations of proposed sexual predators. Part III will then discuss some of the many difficulties inherent in providing treatment under the statute. Part IV will review the potential abuses, costs and risks to the participants presented by the statute. Finally, Part V will focus on the ethical issues in providing expert medical testimony pursuant to the statute.
Autonomy, Competence, And Informed Consent In Long Term Care: Legal And Psychological Perspectives, William M. Altman, Patricia A. Parmelee, Michael A. Smyer
Autonomy, Competence, And Informed Consent In Long Term Care: Legal And Psychological Perspectives, William M. Altman, Patricia A. Parmelee, Michael A. Smyer
Villanova Law Review
No abstract provided.
The Definition And Determination Of Insanity In Colorado, H. Patrick Furman
The Definition And Determination Of Insanity In Colorado, H. Patrick Furman
Publications
No abstract provided.
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
On Autonomy: Legal And Psychological Perspectives, Bruce J. Winick
On Autonomy: Legal And Psychological Perspectives, Bruce J. Winick
Villanova Law Review
No abstract provided.
Autonomy For Vulnerable Populations: The Supreme Court's Reckless Disregard For Self-Determination And Social Science, Donald N. Bersoff
Autonomy For Vulnerable Populations: The Supreme Court's Reckless Disregard For Self-Determination And Social Science, Donald N. Bersoff
Villanova Law Review
No abstract provided.
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
Articles
This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown
Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown
UIC Law Review
No abstract provided.
The Mental Anguish And Humiliation Suffered By Victims Of Housing Discrimination, 26 J. Marshall L. Rev. 39 (1992), Larry Heinrich
The Mental Anguish And Humiliation Suffered By Victims Of Housing Discrimination, 26 J. Marshall L. Rev. 39 (1992), Larry Heinrich
UIC Law Review
No abstract provided.
Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott
Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott
Faculty Scholarship
Few people believe that five year olds and fifteen year olds think, act or make decisions in the same way. The question is whether and how the law should respond to developmental differences. Traditionally, childhood and adulthood have been two dichotomous legal categories, demarcated by the age of majority. This conception has been contested in recent years, as has the premise that all minors are incompetent to make decisions and function as legal actors. Fueled by the controversy over adolescent access to abortion, an advocacy movement has emerged that challenges the authority of parents and the state over the lives …