Psychology Commons^™

The Best Puffery Article Ever, David A. Hoffman

David A Hoffman

This Article provides the first extensive legal treatment of an important defense in the law of fraud and contracts: puffery. Legal authorities commonly say they make decisions about whether defendants should be able to utter exaggerated, optimistic, lies based on assumptions about buyer behavior, concluding that consumers do not rely on such speech. However, as the Article shows, such analyses are proxies for a deeper analytical question: does the speech encourage or discourage a type of consumption activity that the court deems welfare maximizing? The Article presents a novel constitutional analysis of puffery doctrine that focuses on the meaning of …

Pre-Disaster Planning And Mitigation And Its Impact On Comprehensive Emergency Management And The Nation: Pre-Disaster Mitigation (Pdm) Program And The Population Protected, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

A Project for a Professional Degree submitted to The Faculty of School of Engineering and Applied Science of The George Washington University in partial fulfillment of the requirements for the degree of Applied Scientist of Engineering Management May 21, 2006

On October 10, 2000, The Disaster Mitigation Act of 2000 (DMA 2000 or DMA 2K) (Public Law 106-390) was enacted, amending the Robert T. Stafford Relief and Emergency Assistance Act and established new requirements for the national for hazard mitigation planning. States, Tribes, territories, and local governments now must have an approved mitigation plan in place prior to receiving certain …

Homeland Security: Engaging The Frontlines - Symposium Proceedings, George H. Baker, Cheryl J. Elliott

George H Baker

The rise of the American homeland security endeavor under the leadership of the new Department of Homeland Security has been heralded by several major national strategy documents. These documents have served to organize efforts at top levels within the government and industry. However, the national strategy guidance is not getting to many organizations and people at the grass-roots level who can make the most difference in preventing attacks, protecting systems, and recovering from catastrophic events, viz. the general citizenry, private infrastructure owners, and local governments. To better understand grass-roots issues and solutions, James Madison University, in cooperation with the Federal …

13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz

Thomas D. Lyon

12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon

Thomas D. Lyon

The "Duty" To Be A Rational Shareholder, David A. Hoffman

David A Hoffman

How and when do courts determine that corporate disclosures are actionable under the federal securities laws? The applicable standard is materiality: would a (mythical) reasonable investor have considered a given disclosure important. As I establish through empirical and statistical testing of approximately 500 cases analyzing the materiality standard, judicial findings of immateriality are remarkably common, and have been stable over time. Materiality's scope results in the dismissal of a large number of claims, and creates a set of cases in which courts attempt to explain and defend their vision of who is, and is not, a reasonable investor. Thus, materiality …

11. Report Of The Apsac Task Force On Attachment Therapy, Reactive Attachment Disorder, And Attachment Problems., Mark Chaffin, Rochelle Hanson, Benjamin E. Saunders, Todd Nichols, Douglas Barnett, Charles Zeanah, Lucy Berliner, Byron Egeland, Elana Newman, Thomas D. Lyon, Elizabeth Letourneau, Cindy Miller-Perrin

Thomas D. Lyon

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Nancy Levit

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic

Thomas D. Lyon

Channeling Buzz Or Bucks? Ethical Implications For Marketing, Oscar T. Mcknight, Ronald Paugh, Vahn Knight

Oscar T McKnight Ph.D.

Too often higher education officials equate successful enrollment management with determining the appropriate financial-aid package, assuming the student matriculates. However, there are competing theories as to why a student may be attracted to a particular college. Could it be the "buzz"? This study examines the relationship between buzz and bucks with respect to enrollment objectives. Research findings indicate that it is not an either-or proposition. Moreover, marketers are presented with an ethical responsibility to safeguard the public.

East Meets West, Or Vice-Versa: Exploring A Hybrid Pedagogical Approach To Global Instruction, Ronald Paugh, Oscar Mcknight, Jun Gong

Oscar T McKnight Ph.D.

In an increasing multicultural classroom a Confucian-Socratic framework is used to highlight fundamental differences in learning approaches between Eastern and Western cultures. However, educators must also be aware of inherent similarities if best practices are to be gleaned and implemented with ingenuity in the classroom. Therefore, innovations and insights into the qualitative-quantitative continum of contemporary research are offered as an analogue to help build a hybrid model of global instruction. A new Mobius Model of Global Instruction is introduced that emphasizes a multicultural perspective