Open Access. Powered by Scholars. Published by Universities.®

Law and Psychology Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law and Psychology

Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh Jan 1992

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 …


Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth Jan 1992

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 …