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Duty To Revolt, Katherine Crabtree 2014 SelectedWorks

Duty To Revolt, Katherine Crabtree

Katherine Crabtree

The Universal Declaration of Human Rights not only prescribes universal rights but also individual duties, stating “everyone has duties to the community in which alone the free and full development of his personality is possible.” This paper examines the nature of the right to revolution and considers whether an individual’s duty to uphold human rights includes a moral duty to revolt when the current social structure permits or requires intolerable systematic human rights violations. Four subsections discuss (1) the development and nature of disciplinary power that a government imposes on citizens in order to force conformity to the laws ...


Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup 2014 NELLCO

Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup

New York University Law and Economics Working Papers

We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...


Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup 2014 NELLCO

Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup

New York University Public Law and Legal Theory Working Papers

We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...


37. Klemfuss, J. Z., Quas, J. A., Lyon, T. D. (In Press). Attorneys Questions And Children's Productivity In Child Sexual Abuse Criminal Trials. Applied Cognitive Psychology., Thomas D. Lyon 2014 USC Gould School of Law

37. Klemfuss, J. Z., Quas, J. A., Lyon, T. D. (In Press). Attorneys Questions And Children's Productivity In Child Sexual Abuse Criminal Trials. Applied Cognitive Psychology., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


36. Stolzenberg, S. N., & Lyon, T. D. (2014). Evidence Summarized In Attorney’S Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse. Child Maltreatment, 19, 119-129., Thomas D. Lyon 2014 USC Gould School of Law

36. Stolzenberg, S. N., & Lyon, T. D. (2014). Evidence Summarized In Attorney’S Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse. Child Maltreatment, 19, 119-129., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein 2014 Touro College Jacob D. Fuchsberg Law Center

Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein

Touro Law Review

No abstract provided.


35. Lyon, T. D. (In Press). Interviewing Children. Annual Review Of Law And Social Science., Thomas D. Lyon 2014 USC Gould School of Law

35. Lyon, T. D. (In Press). Interviewing Children. Annual Review Of Law And Social Science., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges 2014 University of Nebraska - Lincoln

Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges

Theses, Dissertations, and Student Research: Department of Psychology

Problem-solving courts, such as drug and mental health courts, function under the model of therapeutic jurisprudence—the idea that legal policies and procedures should help and not harm clients, within the confines of the law (Winick & Wexler, 2002). Although it would seem that the lack of procedural due process in most problem-solving courts is in direct opposition to the best interests of a client, it is possible that observers find this more of a problem than do the court clients themselves. This two-experiment study applied Igou’s (2008) AIK hypothesis to problem-solving courts’ practice of sanctioning in the absence of due process. Specifically, it is possible that observers find problem-solving courts’ lack of procedural due process more of a problem than do the clients themselves because of differences in perspective and discordant knowledge of the coping strategies that problem-solving court clients utilize. This research sought to test these ideas. Experiment 1 manipulated the perspective from which participants considered a drug or mental health court sanction proceeding, with or without due process present. Experiment 1 also explored the moderating and mediating effects of participants’ coping knowledge and perceived similarity as it related to their anticipated affect and well-being as a result of the sanction. Experiment 2 manipulated coping directly to determine whether a discordant coping knowledge would explain the perspective effects identified in Experiment 1. Taken together, the findings of these experiments provided mixed support for traditional self-other effects in affective forecasting (Gilbert, Pinel, Wilson, Blumberg, & Wheatley, 1998; Hsee & Hastie, 2006; Igou, 2004; 2008; Van Boven & Lowenstein, 2003; Wiener, Gervais, Allen, & Marquez, 2013) and even less support for Igou’s asymmetric immune knowledge hypothesis (2008). However, several important, legally relevant findings provide an opportunity to inform future psycholegal research in the area of procedural fairness, due process, and the inherent differences between drug and mental health courts and their clients.

Adviser: Richard L. Wiener


34. Rush, E., Lyon, T. D., Ahern, E. C., & Quas, J. A. (2014). Disclosure Suspicion Bias And Abuse Disclosure: Comparisons Between Sexual And Physical Abuse. Child Maltreatment, 19, 113-118., Thomas D. Lyon 2014 USC Gould School of Law

34. Rush, E., Lyon, T. D., Ahern, E. C., & Quas, J. A. (2014). Disclosure Suspicion Bias And Abuse Disclosure: Comparisons Between Sexual And Physical Abuse. Child Maltreatment, 19, 113-118., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. McCann 2014 Pepperdine University

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann

Pepperdine Law Review

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an ...


Defining Death: A Call For The Reformation Of The Standard For Declaration Of Death In The Modern Era, Jayme M. Reisler 2014 SelectedWorks

Defining Death: A Call For The Reformation Of The Standard For Declaration Of Death In The Modern Era, Jayme M. Reisler

Jayme M Reisler

Prior to the mid 20th century, a declaration of death was a relatively definite determination because the functioning of each vital organ was inextricably linked to the other. With the advent of the positive-pressure mechanical ventilator, however, came the loss of integration among these organ systems.

The ability to maintain metabolic functioning of a patient as well as the ability to successfully transplant viable organs have given rise to a host of legal issues revolving around the determination of death. The main issue that arises is two fold. On one hand, such medical technology can prolong an individual’s ...


Demand For Breach, Tess Wilkinson-Ryan 2014 University of Pennsylvania Law School

Demand For Breach, Tess Wilkinson-Ryan

Faculty Scholarship

These studies elicit behavioral evidence for how people weigh monetary and non-monetary incentives in efficient breach. Study 1 is an experimental game designed to capture the salient features of the efficient breach decision. Subjects in a behavioral lab were offered different amounts of money to break the deal they had made with a partner. 18.6% of participants indicated willingness to break a deal for any amount of profit, 27.9% were unwilling to breach for the highest payout, and the remaining subjects identified a break-point in between. Study 2 is an online questionnaire asking subjects to take the perspectives ...


“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo 2014 SelectedWorks

“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo

Michael L Perlin

Abstract:

For the past thirty years, the US Supreme Court's standard of Strickland v. Washington has governed the question of adequacy of counsel in criminal trials. There, in a Sixth Amendment analysis, the Supreme Court acknowledged that simply having a lawyer assigned to a defendant was not constitutionally adequate, but that that lawyer must provide "effective assistance of counsel," effectiveness being defined, pallidly, as requiring simply that counsel's efforts be “reasonable” under the circumstances. The benchmark for judging an ineffectiveness claim is simply “whether counsel’s conduct so undermined the proper function of the adversarial process that the ...


9. Lyon, T. D., & Stolzenberg, S. N. (2014). Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications. Roger Williams University Law Review, 19, 411-450., Thomas D. Lyon 2014 USC Gould School of Law

9. Lyon, T. D., & Stolzenberg, S. N. (2014). Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications. Roger Williams University Law Review, 19, 411-450., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


"Half Mental": Resolving The Risks Posed By Dual Competencies In Applied Sport Psychology, Francis X. Baker 2014 Villanova University School of Law

"Half Mental": Resolving The Risks Posed By Dual Competencies In Applied Sport Psychology, Francis X. Baker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Unreasonable Doubt: Warren Hill, Aedpa, And Georgia’S Unconstitutional Burden Of Proof, Adam Lamparello 2014 SelectedWorks

Unreasonable Doubt: Warren Hill, Aedpa, And Georgia’S Unconstitutional Burden Of Proof, Adam Lamparello

Adam Lamparello

No abstract provided.


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson 2014 University of Florida Levin College of Law

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights ...


Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson-Ryan 2014 University of Pennsylvania Law School

Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson-Ryan

Faculty Scholarship

Copyright law’s requirement of substantial similarity requires a court to satisfy itself that a defendant’s copying, even when shown to exist as a factual matter, is quantitatively and qualitatively enough to render it actionable as infringement. By the time a jury reaches the question of substantial similarity, however, the court has usually heard and analyzed a good deal of evidence: about the plaintiff, the defendant, the creativity involved, the process through which the work was created, the reasons for which the work was produced, the defendant’s own creative efforts and behavior, and on occasion the market effects ...


Veiled Discrimination, Sahar F. Aziz 2014 SelectedWorks

Veiled Discrimination, Sahar F. Aziz

Sahar F Aziz

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety.

Employees who belong to the employer’s social group or fall within society’s majority are advantaged ...


Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff 2014 SelectedWorks

Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff

Theodore Y. Blumoff

Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge ...


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