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How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones 2018 Boston College Law School

How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones

Boston College Law School Faculty Papers

No abstract provided.


Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger 2018 Notre Dame Law School

Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger

Journal of Legislation

No abstract provided.


The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon 2018 Vanderbilt University

The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in ...


Nudge-Proof: Distributive Justice And The Ethics Of Nudging, Jessica L. Roberts 2018 University of Houston Law Center

Nudge-Proof: Distributive Justice And The Ethics Of Nudging, Jessica L. Roberts

Michigan Law Review

A review of Cass R. Sunstein, The Ethics of Influence: Government in the Age of Behavioral Science.


Misbehavioral Law And Economics, Jacob Hale Russell 2018 Rutgers Law School

Misbehavioral Law And Economics, Jacob Hale Russell

University of Michigan Journal of Law Reform

Many legal rules—ranging from common-law contract doctrines to modern consumer protection regulations—are designed to protect individuals from their own mistakes. But scholars have neglected a core difficulty facing such policies: we humans are a motley bunch, and we are defined in part by our idiosyncrasies. As a result, one person’s mistake is another’s ideal choice. Making matters worse, it is hard to observe when a policy response misfires. If cognitive errors and psychological biases are as prevalent as current research suggests, then we have no reliable way of knowing consumers’ true preferences. So are we always ...


Assessing The Perceptions Of The Use Of A Courthouse Facility Dog Program With Child And Youth Witnesses, Melissa Glazer 2018 The University of Western Ontario

Assessing The Perceptions Of The Use Of A Courthouse Facility Dog Program With Child And Youth Witnesses, Melissa Glazer

Electronic Thesis and Dissertation Repository

This study evaluates the use of a courthouse facility dog program as a testimonial aid for children and youth testifying in court to help reduce secondary trauma. Court officials’ perceptions of the use of a courthouse facility dog program were assessed through a structured interview and a short self-report measure. A total of seven court officials participated in the study. Results indicate that court officials perceive the use of a courthouse facility dog to be beneficial for children and youth who are experiencing challenges testifying in court. In addition, results show that some respondents perceived a degree of bias against ...


Consumers, Seller-Advisors, And The Psychology Of Trust, Justin Sevier, Kelli Alces Williams 2018 Florida State University College of Law

Consumers, Seller-Advisors, And The Psychology Of Trust, Justin Sevier, Kelli Alces Williams

Boston College Law Review

Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the ...


62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon 2018 University of California, Irvine

62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in ...


How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones 2018 Boston College Law School

How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones

Renee Jones

No abstract provided.


Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia 2018 University of Maine School of Law

Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia

Maine Law Review

Kathleen Nuccio alleged that she was sexually abused by her father when she was three years old. He continued to sexually abuse her for ten long years. He threatened her life when he held a chisel to her throat and vowed to kill her if she ever told anyone of the abuse. Luke Nuccio not only sexually defiled his daughter but also verbally abused her and physically beat her until she was seventeen years old. One such beating caused damage so severe to Kathleen's ear that she was forced to have surgery. Kathleen never spoke of the abuse during ...


Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty 2018 Duquesne University School of Law

Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty

Jane Campbell Moriarty

During the Symposium for the Judicial Conference Advisory Committee on Evidence Rules, held at Boston College on October 27, 2017, the scientists, statisticians, legal academics, and criminal defense lawyers presented a unified theme: the federal courts have not fulfilled their role as gatekeepers to exclude or limit potentially unreliable feature-comparison methods of forensic science evidence (“FCM evidence”). The only voiced dissents came from the DOJ and FBI lawyers, who argued that the courts had been admitting such pattern-matching evidence properly and that the evidence was indeed reliable.


Pathologizing “Radicalization” And The Erosion Of Patient Privacy Rights, Kelly Morgan 2018 Boston College Law School

Pathologizing “Radicalization” And The Erosion Of Patient Privacy Rights, Kelly Morgan

Boston College Law Review

Countering Violent Extremism (“CVE”) is a counterterrorism strategy ostensibly aimed at preventing “radicalization” through risk assessment and intervention. CVE involves recruitment of helping professionals, including mental health care providers, to monitor their patients for signs of “vulnerability to radicalization,” make referrals to “de-radicalization” programs, and participate in multidisciplinary intervention teams. Broad national security and public safety exceptions within existing privacy laws allow mental health professionals participating in CVE to make potentially harmful disclosures of private patient information. This Note argues that professional associations representing mental health care providers should develop policies to limit and regulate members’ participation in CVE.


20/20 Vision In The Long & Short-Termism Debate, Anne Tucker 2018 Seattle University School of Law

20/20 Vision In The Long & Short-Termism Debate, Anne Tucker

Seattle University Law Review

What is an optimal investment time horizon—for institutions, individual shareholders and corporations? This question can evoke emotional, ideological, and theoretical responses. The answers usually deeply entrenched debates over the fundamental roles of markets versus regulation and between the appropriate loci of corporate power: the board of directors versus the shareholders. Too long-term and it is myopia; too near-term and is it short-termism. Neither label is inconsequential, so the debates are not tepid, academic, or marginal.


Brain Perspectives On Investor Behavior And Decision-Making Errors, Owen D. Jones 2018 Seattle University School of Law

Brain Perspectives On Investor Behavior And Decision-Making Errors, Owen D. Jones

Seattle University Law Review

I want to start off with what I consider to be the statement of the problem. As I understand it, you’re concerned that the time horizons for maximizing the value of an investment vary among individuals in surprisingly wide, imperfectly predictable, and often seemingly irrational ways. And, if I understand your target here, the idea is that a deeper understanding of the causes of this variation might aid in the planning and design of legal and corporate policies. To jump into this, I’m going to give a little bit of an introduction about behavioral biases, and something that ...


Institutional Investors, Corporate Governance, And Firm Value, K.J. Martijn Cremers, Simone M. Sepe 2018 Seattle University School of Law

Institutional Investors, Corporate Governance, And Firm Value, K.J. Martijn Cremers, Simone M. Sepe

Seattle University Law Review

In the corporate governance debate, the short-term versus longterm contention has grown into perhaps today’s most controversial topic. In this debate, descriptions of institutional investors tend to present a dichotomic nature. These investors are alternatively portrayed as homogenously short-termist or as consistent “forces for good,” focused on targeting underperforming companies. This Article moves beyond this dichotomy. It shows empirically that aggregate institutional investor behavior presents nuances that depend on a variety of factors, including individual firm characteristics, institutional ownership levels, and institutional propensity toward activism.


The Myth Of The Ideal Investor, Elisabeth de Fontenay 2018 Seattle University School of Law

The Myth Of The Ideal Investor, Elisabeth De Fontenay

Seattle University Law Review

Critiques of specific investor behavior often assume an ideal investor against which all others should be compared. This ideal investor figures prominently in the heated debates over the impact of investor time horizons on firm value. In much of the commentary, the ideal is a longterm investor that actively monitors management, but the specifics are typically left vague. That is no coincidence. The various characteristics that we might wish for in such an investor cannot peacefully coexist in practice. If the ideal investor remains illusory, which of the real-world investor types should we champion instead? The answer, I argue, is ...


The Long And Short Of It: Are We Asking The Right Questions? Modern Portfolio Theory And Time Horizons, Jim Hawley, Jon Lukomnik 2018 Seattle University School of Law

The Long And Short Of It: Are We Asking The Right Questions? Modern Portfolio Theory And Time Horizons, Jim Hawley, Jon Lukomnik

Seattle University Law Review

The heavy shadow of modern portfolio theory (MPT) has had a massive impact on everything from market structure, investment philosophy, and investor behavior, to the research that examines those disciplines. Researchers believe that they are casting light onto investment issues (including, for this purpose, specifically investor time horizons), but generalized acceptance of MPT allows it to continue to darken what should be enlightened.


An Identity Theory Of The Short- And Long-Term Investor Debate, Claire A. Hill 2018 Seattle University School of Law

An Identity Theory Of The Short- And Long-Term Investor Debate, Claire A. Hill

Seattle University Law Review

Economics famously treats market actors as homogeneous. People are homo economicus, rational self-interested maximizers of their own utility. So far, so good, notwithstanding supposed behavioral “deviations” from rationality (more on those later). That people can view their own utility very differently from one another is recognized in theory, but not so much in practice. Also not sufficiently recognized is the extent to which people’s views of their own utility reflect their theories of who they are and how the world works, and that they hold such views and theories not just atomistically, but also collectively—that is, socially.


Are Investor Time Horizons Shortening?, Rachelle Sampson, Yuan Shi 2018 Seattle University School of Law

Are Investor Time Horizons Shortening?, Rachelle Sampson, Yuan Shi

Seattle University Law Review

The rise in quarterly capitalism in corporate America—increased pressure to meet quarterly earnings predictions and cater to shareholder preferences for short-term returns—has gained significant coverage in the business world and popular press in recent years. Increasingly, popular opinion suggests that firms bow to shareholder pressures, taking steps to smooth earnings and boost share prices in the short-term; firms do so by cutting Research and Development (R&D) investment, engaging in extensive cost-cutting, or increasing dividends and share buybacks. Recent estimates at the industry level show that investor discount rates have increased in recent years, supporting the notion that ...


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