The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, 2015 Columbia University
The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad
The Power of the Body:
Analyzing the Logic of Law and Social Change in the Arab Spring
Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian ...
The Coherence Effect: Blending Cold And Hot Cognitions, 2015 USC Gould School of Law
The Coherence Effect: Blending Cold And Hot Cognitions, Dan Simon, Douglas M. Stenstrom, Stephen J. Read
University of Southern California Legal Studies Working Paper Series
Previous research has shown that making complex judgments and decisions entails a mental reconstruction of the task in a way that increases the state of coherence between the emerging conclusion and its underlying attributes: The attributes that support the conclusion grow stronger, whereas the attributes that support the losing option weaken. This coherence effect is understood to occur bidirectionally, in that conclusions follow from the decision-maker’s evaluation of the attributes, while the evaluations of the attributes shift to cohere with the emerging conclusion. The current studies were designed to extend the coherence effect to encompass cognitions that could be ...
43. Rush, E.B., Stolzenberg, S.N., Quas, J.A., & Lyon, T.D. (In Press). The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology., 2015 University of Southern California
43. Rush, E.B., Stolzenberg, S.N., Quas, J.A., & Lyon, T.D. (In Press). The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology., Thomas D. Lyon
Thomas D. Lyon
Purpose: This study examined the effects of the putative confession (telling the child that an adult “told me everything that happened and he wants you to tell the truth”) on children’s disclosure of a minor transgression after questioning by their parents. Methods: Children (N = 188; 4 – 7-year-olds) played with a confederate, and while doing so, for half of the children, toys broke. Parents then questioned their children about what occurred, and half of the parents were given additional scripted suggestive questions. Finally, children completed a mock forensic investigative interview. Results: Children given the putative confession were 1.6 times ...
10. Lawrence, J.A., Levin, D. B., Brady, K.L., Jhai, M., & Lyon, T.D. (In Press). Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner. Psychology, Public Policy, & Law., 2015 University of Southern California
10. Lawrence, J.A., Levin, D. B., Brady, K.L., Jhai, M., & Lyon, T.D. (In Press). Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner. Psychology, Public Policy, & Law., Thomas D. Lyon
Thomas D. Lyon
“Testimonial” statements are inadmissible against criminal defendants under the Confrontation Clause unless the declarant was subject to cross-examination. Statements are testimonial if the primary purpose of the speaker and the interrogator was to create an out-of-court substitute for trial testimony. Ohio v. Clark (2015) considered whether a 3-year-old’s disclosure of abuse to his teacher is testimonial. This brief surveyed case law, statutory law, and psychological and criminological research in arguing that it is not. First, young children do not appreciate that their disclosures may be used at trial, because they do not fully understand the legal system. Furthermore, many ...
The Zombie Lawyer Apocalypse, 2015 Pepperdine University
The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder
Pepperdine Law Review
This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer Apocalypse ...
42. Stolzenberg, S.N., & Lyon., T.D. (In Press). Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance. Journal Of Forensic Social Work., 2015 University of Southern California
42. Stolzenberg, S.N., & Lyon., T.D. (In Press). Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing Performance. Journal Of Forensic Social Work., Thomas D. Lyon
Thomas D. Lyon
The present study examined whether a training model that focuses on consistent exposure to protocol procedure, self-evaluation, and intensive peer-review sessions could improve interviewers’ ability to adhere to best practices. Law students (N = 19) interviewed 5- to 10-year-old children on a weekly basis as part of a semester-long forensic child interviewing class. They transcribed their interviews, and participated in one-hour self and peer-reviews. The proportion of each question type was calculated (option-posing, Wh-, and open-invitations) within each interview for each interviewer. Across ten weeks of interviews, interviewers consistently improved their performance, decreasing the proportion of option-posing questions by 31% and ...
Dualism And Doctrine, 2015 University of San Diego Law School
Dualism And Doctrine, Dov Fox, Alex Stein
Indiana Law Journal
What kinds of harm among those that tortfeasors inflict are worthy of compensation? Which forms of self-incriminating evidence are privileged against government compulsion? What sorts of facts constitute a criminal defendant’s intent? Existing doctrine pins the answer to all of these questions on whether the injury, facts, or evidence at stake are “mental” or “physical.” The assumption that operations of the mind are meaningfully distinct from those of the body animates fundamental rules in our law.
A tort victim cannot recover for mental harm on its own because the law presumes that he is able to unfeel any suffering ...
41. Ahern, E.C., Stolzenberg, S.N., & Lyon, T.D. (In Press). Do Prosecutors Use Interview Instructions Or Build Rapport With Child Witnesses? Behavioral Sciences And The Law., 2015 University of Southern California
41. Ahern, E.C., Stolzenberg, S.N., & Lyon, T.D. (In Press). Do Prosecutors Use Interview Instructions Or Build Rapport With Child Witnesses? Behavioral Sciences And The Law., Thomas D. Lyon
Thomas D. Lyon
This study examined the quality of interview instructions and rapport-building provided by prosecutors to 168 5- to 12-year-old children testifying in child sexual abuse cases, preceding explicit questions about abuse allegations. Prosecutors failed to effectively administer key interview instructions, build rapport, or rely on open-ended narrative producing prompts during this early stage of questioning. Moreover, prosecutors often directed children’s attention to the defendant early in the testimony. The productivity of different types of wh- questions varied, with what/how questions focusing on actions being particularly productive. The lack of instructions, poor quality rapport-building, and closed-ended questioning suggest that children ...
It’S Not Called Conduct Therapy; Talk Therapy As A Protected Form Of Speech Under The First Amendment, 2015 College of William & Mary Law School
It’S Not Called Conduct Therapy; Talk Therapy As A Protected Form Of Speech Under The First Amendment, Warren Geoffrey Tucker
William & Mary Bill of Rights Journal
No abstract provided.
The Future Of Emotional Harm, 2015 Sandra Day O’Connor College of Law at Arizona State University
The Future Of Emotional Harm, Betsy J. Grey
Fordham Law Review
Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of ...
California’S Good Samaritan Law: Correcting Ambiguities To Induce Action, 2015 University of California - Davis
California’S Good Samaritan Law: Correcting Ambiguities To Induce Action, Sara Popovich
This Note argues that California should amend its Good Samaritan law by either creating a duty to assist or clarifying the statute. It first outlines the history of Good Samaritan law in California and describe developments in the law through today. It then argues that Good Samaritan law in California is ineffective because citizens still fear legal liability and thus refuse to assist during emergencies. Finally, it proposes specific changes to the California Good Samaritan law.
The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, 2015 Touro College Jacob D. Fuchsberg Law Center
The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, Svetlana Walker
Touro Law Review
No abstract provided.
Criminal Infliction Of Emotional Distress, 2015 Harvard Law School
Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg
Michigan Law Review
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it ...
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff
Theodore Y. Blumoff
Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers ...
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, 2015 Lincoln Memorial University, Duncan School of Law
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Bruce L. Beverly
As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured ...
Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, 2015 Foundation of Law and Science Centers, Inc.
Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, Barbara P. Billauer Esq
barbara p billauer esq
The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or bad science from infiltrating the courtroom. To do so, the Judges must first determine what is ‘science’ and what is ‘good science.’
It is submitted that Daubert is deeply polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis, and an unworkable system of decision-making, which negatively impacts litigant expectations. Among other problems is the intolerance of Popper’s system for multiple ...
Foresight Bias In Patent Law, 2015 Vanderbilt University
Foresight Bias In Patent Law, Sean B. Seymore
Notre Dame Law Review
Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is often ignored in discussions about raising patentability standards is that high-quality inventions can slip through the cracks. What is more troubling is that sometimes this happens because of bias. This Article draws attention to foresight bias, which occurs when a decision-maker lets over-pessimism and an oversimplified view of the future influence the patentability determination. Foresight bias leads to a patent denial regardless of the ...
Excuses In Exile, 2015 Thomas Jefferson School of Law
Excuses In Exile, Anders Kaye
University of Michigan Journal of Law Reform
Suppose that I have intentionally killed another person and that I have done so without any justification. At first glance, it appears that I am guilty of murder, a very serious crime. Since I am guilty of this very serious crime, the state may inflict a very serious punishment on me—at least many years in prison, if not my whole life or the death penalty. But suppose that one of the following is also true in my case: (A) At the time that I killed my victim, I suffered from a mental disease and, as a result, lacked the ...
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, 2015 University of Houston - Main
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler
Jayme M Reisler
The high rate of comorbid substance use disorder and other mental illness (“dual diagnosis”) poses an enormous obstacle to public policy and sentencing in criminal cases. It is estimated that almost half of all Federal, State, and jail inmates suffer from dual diagnosis – a significantly higher prevalence than in the general population. Yet such inmates lack access to proper and effective treatments for their conditions. Several etiological theories have been put forth to explain the occurrence of dual diagnosis in general. However, virtually no studies have explored possible etiological reasons for the higher prevalence of dual diagnosis specifically in criminal ...
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, 2015 University of Iowa College of Law
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Todd E. Pettys
In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point ...