Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Heuristics (2)
- Belief perseverance (1)
- Casebook method (1)
- Children's Rights (1)
- Choice Theory (1)
-
- Cognitive affirmation (1)
- Cognitive neuroscience (1)
- Confirmation bias (1)
- Contracts (1)
- Critical realism (1)
- Decision theory (1)
- Decision-making (1)
- Decision-making theory (1)
- Dispositionism (1)
- Endowment effect (1)
- Framing effect (1)
- Hindsight bias (1)
- Human Rights (1)
- Hurricanes (1)
- Immigration Law (1)
- Katrina (1)
- Langdellian model (1)
- Legal realism (1)
- MLB (1)
- Mind sciences (1)
- NBA (1)
- NFL (1)
- Natural disasters (1)
- Optimism bias (1)
- Pandemics (1)
Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran
Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran
Law Faculty Scholarship
Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …
Situationist Torts, John D. Hanson, Michael Mccann
Situationist Torts, John D. Hanson, Michael Mccann
Law Faculty Scholarship
This Article calls for a situationist approach to teaching law, particularly tort law. This new approach would begin by rejecting the dominant, common-sense account of human behavior (sometimes called dispositionism) and replacing it with the more accurate account being revealed by the social sciences, such as social psychology, social cognition, cognitive neuroscience, and other mind sciences. At its core, situationism is occupied with identifying and bridging the gap between what actually moves us, on one hand, and what we imagine moves us, on the other. Recognizing that gap is critical for understanding what roles tort law (among other areas of …
It’S Not About The Money: The Role Of Preferences, Cognitive Biases And Heuristics Among Professional Athletes, Michael Mccann
It’S Not About The Money: The Role Of Preferences, Cognitive Biases And Heuristics Among Professional Athletes, Michael Mccann
Law Faculty Scholarship
Professional athletes are often regarded as selfish, greedy, and out-of-touch with regular people. They hire agents who are vilified for negotiating employment contracts that occasionally yield compensation in excess of national gross domestic products. Professional athletes are thus commonly assumed to most value economic remuneration, rather than the love of the game or some other intangible, romanticized inclination.
Lending credibility to this intuition is the rational actor model, a law and economic precept which presupposes that when individuals are presented with a set of choices, they rationally weigh costs and benefits, and select the course of action that maximizes their …
Social Psychology, Calamities, And Sports Law, Michael Mccann
Social Psychology, Calamities, And Sports Law, Michael Mccann
Law Faculty Scholarship
This Article examines the role of situational pressures, fundamental attribution errors, and legal frameworks in how professional sports actors respond to the threat and occurrence of calamities. Both natural and manmade threats to American health are likely to rise over the next decade. Such threats may include catastrophic weather, natural disasters, terrorist attacks, and communicable disease pandemics. In response to these threats, professional sports leagues, professional athletes, fans, and media might engage in unprecedented behavior. Consider, for instance, increasingly-devastating weather patterns, and how they might animate leagues to relocate franchises to cities with more favorable forecasts. The same outcome might …