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The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, Joel R. Cornwell

University of Richmond Law Review

The public perception that criminal conduct is increasingly excused on psychological grounds, notwithstanding a markedly small statistical success rate of diminished capacity defenses, evinces misplaced frustration over a broader cultural reluctance or inability to assign moral blame. Psychology is seen as feeding a kind of determinism that rationalizes evil behavior and precludes retributive punishment as a matter of scientific principle. This perception is accurate to the degree that it reveals our legal system's fundamental confusion of purposes in judging and explaining criminal behavior. This confusion is engendered by the indeterminacy of language, which entangles the verificationist mode and purpose of …

The Vertical Separation Of Powers, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Standard understandings of the separation of powers begin with the concept of function. The author argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the article returns to proposals considered at the Constitutional Convention and considers difficult contemporary cases such as Morrison v. Olson, Clinton v. Jones, and the Supreme Court's more recent federalism decisions. In each instance, function appears to steer us wrong because it fails to understand separation of powers questions as ones of structural incentive …

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …

Our Country, Our Game, Our Film| A Rhetorical Analysis Of American Cultural Values In The Institution Of Baseball As Expressed In The Film Field Of Dreams, Ryan Wade Gill

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Use Of A Habit Reversal Treatment For Chronic Facial Pain In A Minimal Therapist Contact Format, Donald R. Townsend

Theses and Dissertations

The temporomandibular disorders (TMD) diminish quality of life and can be costly for both individuals and the health care system. Stress from a variety of factors, including daily hassles and maladaptive thought patterns, has been commonly cited as a contributing factor in TMD. Support for this hypothesis comes from research demonstrating masseter muscle hyperactivity in response to experimental stressors, such as painful or frustrating stimuli. Many believe the link between stress and increased masseter muscle pain is parafunctional oral habits, including teeth clenching, grinding, and lip biting. Habit reversal has been used effectively to treat parafunctional oral behaviors and facial …

Structuring Time And Task In Electronic Brainstorming, Alan R. Dennis, Jay E. Aronson, William G. Heninger, Edward D. Walker Ii

Faculty Publications

There are many ways in which a GSS can beused to support group brainstorming. This paper reports the results of an experiment that manipulated task structure and time structure. Groups electronically brainstormed on intact tasks(where all parts of the task were presented simultaneously) or on partitioned tasks (where three subcategories of the task were presented to thegroups). The time periods in which groups worked were either one 30-minute time period or three 10-minute periods separated by two-minute breaks. Groups in the partitioned task treatment generated 40% more ideas, but there were no time effects. These differences are attributed to the …

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

The Place Of Victims In The Theory Of Retribution, George P. Fletcher

Faculty Scholarship

Remarkably, the theory of criminal law has developed without paying much attention to the place of victims in the analysis of responsibility or in the rationale for punishment. You can read a first-rate book like Michael Moore's recent Placing Blame and not find a single reference to the relevance of victims in imposing liability and punishment. In the last several decades we have witnessed notable strides toward attending to the rights and interests of crime victims, but these concerns have yet to intrude upon the discussion of the central issues of wrongdoing, blame, and punishment.

Admittedly, victims and their sentiments …

Head Movement And Vision In Underwater-Feeding Birds Of Stream, Lake, And Seashore, Lee W. Casperson

Electrical and Computer Engineering Faculty Publications and Presentations

Studies head movement and vision in underwater-feeding birds. Review of relevant literature on the physiological and behavioral aspects of vision; Role of vertical head movement as an aid in the acquisition of visual information.

Needle Localization For Breast Biopsy: The Patient's Experience, Marian De Walt Morgan

Psychology Theses & Dissertations

The needle localization procedure for breast biopsy (NLP) can be painful and distressing for some women. This study was carried out to learn what factors might increase or decrease NLP pain and distress, and to gain insight into possible interventions to make the procedure more comfortable for all patients. One hundred and thirty-eight women were surveyed following breast needle localization at two central Virginia hospitals. The influence of eight variables (lidocaine, self-regulation, anxiety, worry about breast cancer, breast tenderness, finding mammography painful, difficulty with surgery, and distress of blood drawing) on four outcome variables (pain incidence, pain intensity, pain unpleasantness, …

Three Limitations Of Deliberative Democracy: Identity Politics, Bad Faith, And Indeterminancy, William H. Simon

Faculty Scholarship

In Democracy and Disagreement, Amy Gutmann and Dennis Thompson elaborate a liberal political style designed to complement the substantive liberalism they and others have developed in recent years. The style they portray is deliberative, and its essence is the appeal to principle.

Law And The Ideal Citizen, Lee C. Bollinger

Faculty Scholarship

The theme identified for this lecture series is the subject of responsibility. I assume Washington and Lee has selected that topic out of a sense that it has not received sufficient attention, as compared, for example, to the subject of "rights." I select "rights" as the counter-example because we often hear of the two in tandem – "rights and responsibilities." As such, the concept of responsibility connotes a sense of obligation as to what is due from us to others and to the community. It is, in that sense, easier to be in favor of rights than it is of …

The Nuttiness Of Divorce, Thomas W. Merrill

Faculty Scholarship

The erratic, emotional "nuttiness" of divorce is predictable. Rest assured, however, you are not crazy. You are merely responding to the temporary emotional upheaval in your life. To help you better understand what you are experiencing, we have put together a brief explanation of the psychological stages or phases that accompany the legal process of divorce.

Juvenile Law, Florence B. Burstein

Denver Law Review

No abstract provided.

Foreword, Nancy Ehrenreich

Denver Law Review

No abstract provided.

Still Facing The Dilemma Of The Fact: Gilligan And Habermas (Re)Visited, Myra Bookman

Denver Law Review

No abstract provided.

Sutton V. United Air Lines, Inc: The Supreme Court Applies Corrective And Mitigating Common Sense To The Ada, Andrew C. Testerman

Denver Law Review

No abstract provided.

Dietary Interactions Influencing Feed Intake, Nutrient Utilisation And Appetite Regulation In The Rainbow Trout, Oncorhynchus Mykiss, Ahmet Adem Tekinay

School of Biological and Marine Sciences Theses

Dietary factors are one of the most significant considerations in the regulation of appetite in fish since dietary nutrient and energy concentration modulate feed intake in the short and longer term. These interactions may also be important from a commercial aspect, since the objective of aquaculture is to obtain maximum growth, feed efficiency and consumer acceptance of the product. This thesis addresses the major dietary components which are likely to influence appetite in rainbow trout. These include dietary lipid level, carbohydrate content and degree of complexity as well as energy density and protein/energy ratio. Experimental data is presented which examines …

Slaves To Fashion: A Thirteenth Amendment Litigation Strategy To Abolish Sweatshops In The Garment Industry, Samantha C. Halem

San Diego Law Review

Viewed as a relic of a bygone era, modem legal teaching largely ignores the Thirteenth Amendment. Few constitutional law textbooks give it any more than a passing glance.' After all, slavery was abolished in the United States in 1863. While it is true that some scholars have suggested new applications for the Civil War Amendment legal practitioners have found few practical applications. This Article proposes a real world application of the Thirteenth Amendment to a current real world problem. Legal practitioners have under-utilized the Thirteenth Amendment. They should employ the Thirteenth Amendment as a valuable tool for fighting slavery and …