How The Level Of Job Complexity Impacts The Gender Wage Gap Across Occupations,
2021
California State University – San Bernardino
How The Level Of Job Complexity Impacts The Gender Wage Gap Across Occupations, Zytlaly Magaña Corona
Electronic Theses, Projects, and Dissertations
The present study focused on unpacking the social and structural aspects of job complexity to better understand its effects on the gender wage gap. Previous research on the job complexity-compensation dynamic has primarily focused on cognitive complexity. Job complexity across occupations were examined using work activity data from O*NET and merging it with the Current Population Survey data sponsored by the U.S. Bureau of Labor Statistics (N=67,003). Results revealed that higher complexity jobs in this study yielded greater wage disparities across different occupations as predicted. Furthermore, physical activities and gaining knowledge from the Generalized Work Activities were the two most …
Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime,
2021
The University of Science and Technology Beijing
Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang
Buffalo Law Review
Copyright protection from state offenders is onerous because of the imbalanced bargaining power between states and authors, which is increased by the U.S. Supreme Court decision in Allen v. Cooper. This decision clarifies that state sovereign immunity is not abrogated by the Copyright Remedy Clarification Act of 1990 (“CRCA”). It secures states’ constitutional rights, the public interest, and the efficiency of copyright infringement litigations against states. However, a paradox of this decision is that it may harm innovation incentives or spirits of creativity due to the increased imbalanced bargaining power to prevent authors from being repaired for their economic or …
The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law,
2021
American University Washington College of Law
The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
The article explores the uses in anti-discrimination law of social neuroscience—a broad interdisciplinary field that draws on the insights of brain science, medicine, epidemiology, social psychology, behavioral economics, moral cognitive neuroscience and many other experimentally based disciplines. It discusses the promising uses of social neuroscience findings from all these subfields on such matters as the irrational biases of “fast” thinking processes in general, and implicit biases against “out” groups more specifically, as well as group conformity, the black sheep effect, and more. The article traces a few of the ways these insights can help inform anti-discrimination law in both particular …
Precise Punishment: Why Precise Punitive Damage Requests Result In Higher Awards Than Round Requests,
2021
Angelo State University
Precise Punishment: Why Precise Punitive Damage Requests Result In Higher Awards Than Round Requests, Michael Conklin
Michigan Business & Entrepreneurial Law Review
Imagine a setting where someone asks two people what the temperature is outside. The first person says it is 80 °F, while the second person says it is 78.7 °F. Research regarding precise versus round cognitive anchoring suggests that the second person is more likely to be believed. This is because it is human nature to assume that if someone gives a precise answer, he must have good reason for doing so. This principle remains constant in a variety of settings, including used car negotiations, eBay transactions, and estimating the field goal percentage of a basketball player.
This Article reports …
The "Innocence" Of Bias,
2021
University of Miami School of Law
The "Innocence" Of Bias, Osamudia James
Michigan Law Review
A Review of Biased: Uncovering the Hidden Prejudices that Shapes What We See, Think, and Do. by Jennifer L. Eberhardt.
Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama,
2021
Pepperdine University
Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama, Cassidy Young
Pepperdine Law Review
In Madison v. Alabama, the Supreme Court held that a capital inmate’s inability to remember his crime did not render him incompetent to be executed. The Court reasoned that an individual who suffers from episodic memory loss may still “rationally understand” society’s reasons for sentencing him to death for a crime he once committed. This Note explores the impact of memory loss on a person’s self-identity, and consequently challenges the notion that a capital inmate who no longer remembers his crime can truly have a rational understanding of it. Specifically, this Note examines how memory loss substantially weakens the two …
Consent, Informed: Rethinking Informed Consent & Competency For Patients With Schizophrenia & Anosognosia,
2021
Boston College Law School
Consent, Informed: Rethinking Informed Consent & Competency For Patients With Schizophrenia & Anosognosia, Nina Labovich
Boston College Law Review
Anosognosia is a common symptom of schizophrenia and schizoaffective disorder that renders individuals unable to understand that they are living with a disease. This symptom often leads people to refuse anti-psychotic medication, and may increase an individual’s likelihood of becoming homeless or incarcerated. When courts find individuals to be a danger to others or themselves, states can impose involuntary commitment. When a state grants involuntary commitment, however, a court may find the individual remains competent to refuse medication. This Note argues that documented anosognosia requires a finding of incompetency, whether people are a danger to themselves or not. Science suggests …
The True Benefit Of The Bargain: How Emotional Distress Damages Make Fraud Victims Whole,
2021
Boston College Law School
The True Benefit Of The Bargain: How Emotional Distress Damages Make Fraud Victims Whole, Jonathan G. Lester
Boston College Law Review
For over a century, American courts have recognized emotional distress damages in tort. Initially, these decisions limited recovery for emotional distress to cases where the victim experienced a physical impact. Throughout the twentieth century, that requirement largely fell out of favor as courts began to recognize emotional injury in the absence of physical harm, supported by new psychiatric research. Despite this, the availability of emotional distress damages in fraud cases continues to divide jurisdictions. Many jurisdictions refuse to recognize any more than pecuniary damages to plaintiffs in fraud, characterizing fraud as a purely economic tort. The experience of victims challenges …
Before And After Hinckley: Legal Insanity In The United States,
2021
University of Pennsylvania Carey Law School
Before And After Hinckley: Legal Insanity In The United States, Stephen J. Morse
Faculty Scholarship at Penn Carey Law
This chapter first considers the direction of the affirmative defense of legal insanity in the United States before John Hinckley was acquitted by reason of insanity in 1982 for attempting to assassinate President Reagan and others and the immediate aftermath of that acquittal. Since the middle of the 20th Century, the tale is one of the rise and fall of the American Law Institute’s Model Penal Code test for legal insanity. Then it turns to the constitutional decisions of the United States Supreme Court concerning the status of legal insanity. Finally, it addresses the substantive and procedural changes that …
The Role Of Perceived Warmth And Competence In Civil Trials With Corporate Litigants,
2021
The Graduate Center, City University of New York
The Role Of Perceived Warmth And Competence In Civil Trials With Corporate Litigants, Alexander C. Jay
Dissertations, Theses, and Capstone Projects
Corporations are involved in approximately 40% of all civil litigation (Langton & Cohen, 2008), yet there is much to be learned concerning how jurors make decisions in trials involving corporate litigants. Mock juror research suggests that for-profit corporations are treated more harshly than other defendants, such as non-profit corporations and individuals (e.g., Hans, 1998). This discrepant treatment of for-profit corporate defendants might be linked to unmitigated stereotypical perceptions of them being low in warmth (i.e., likely to have immoral intentions) but high in competence (i.e., likely to be capable of acting on those intentions; Aaker et al., 2010). Research shows …
Punishing The Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers With Anxiety, Depression, And Bipolar Disorder,
2021
St. Mary's University School of Law
Punishing The Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers With Anxiety, Depression, And Bipolar Disorder, Daniel G. Esquivel
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Collared—A Film Case Study About Insider Trading And Ethics,
2021
University of Ottawa's Faculty of Law & Telfer School of Management, Fellow, Hot Docs for Continuing Professional Education, Senior Fellow, Hennick Centre for Business & Law of York University
Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants,
2021
St. Mary's University School of Law
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi
St. Mary's Journal on Legal Malpractice & Ethics
The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …
“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future,
2021
University of Nebraska-Lincoln
“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank
Faculty Publications of the Center on Children, Families, and the Law
Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors used …
Put More Women In Charge And Other Leadership Lessons From Covid-19,
2021
University of Colorado Law School
Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang
FIU Law Review
No abstract provided.
Talking Back In Court,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Self-Actualization And The Need To Create As A Limit On Copyright,
2021
University of Pennsylvania Carey Law School
Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo
Faculty Scholarship at Penn Carey Law
Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts.
This Chapter argues that the conventional wisdom is too limited. It offers too narrow a vision of the ways that creativity can develop personality by focusing exclusively on the results of the creative process and ignoring the self-actualizing benefits of the creative process itself. German aesthetic theory broadens the understanding of the …
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law,
2021
Touro Law Center
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Scholarly Works
Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership,
2021
University of Colorado Law School
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Publications
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …
Corporate Law For Good People,
2021
Bar Ilan University Faculty of Law
Corporate Law For Good People, Yuval Feldman, Adi Libson, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
This article offers a novel analysis of the field of corporate governance by viewing it through the lens of behavioral ethics. It calls for both shifting the focus of corporate governance to a new set of loci of potential corporate wrongdoing and adding new tools to the corporate governance arsenal. The behavioral ethics scholarship emphasizes the large share of wrongdoing generated by "good people" whose intention is to act ethically. Their wrongdoing stems from "bounded ethicality" -- various cognitive and motivational processes that lead to biased decisions that seem legitimate. In the legal domain, corporate law provides the most fertile …