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The Child Vanishes: Justice Scalia's Approach To The Role Of Psychology In Determining Children's Rights And Responsibilities, Aviva Orenstein
The Child Vanishes: Justice Scalia's Approach To The Role Of Psychology In Determining Children's Rights And Responsibilities, Aviva Orenstein
Articles by Maurer Faculty
This Article explores how Justice Antonin Scalia’s hostility to psychology, antipathy to granting children autonomous rights, and dismissiveness of children’s interior lives both affected his jurisprudence and was a natural outgrowth of it. Justice Scalia expressed a skeptical, one might even say hostile, attitude towards psychology and its practitioners. Justice Scalia’s cynicism about the discipline and the therapists who practice it is particularly interesting regarding legal and policy arguments concerning children. His love of tradition and his rigid and unempathetic approach to children clash with modern notions of child psychology. Justice Scalia’s attitude towards psychology helps to explain his jurisprudence, …
Challenges Of "Sameness": Pitfalls And Benefits To Assumed Connections In Lawyering, Carwina Weng, Lynn Barenberg, Alexis Anderson
Challenges Of "Sameness": Pitfalls And Benefits To Assumed Connections In Lawyering, Carwina Weng, Lynn Barenberg, Alexis Anderson
Articles by Maurer Faculty
Individuals are drawn to connect with other people because of shared experiences and personal characteristics. These connections often help people establish rapport, trust, and engagement. Surely these same benefits would apply in the lawyer-client relationship where a lawyer’s ability to find common links with her client would facilitate the lawyering process.
Perhaps that is true, but not necessarily and not without some potential costs. As clinical teachers, we have become increasingly wary that assumptions attributable to sameness can complicate lawyering. Untested assumptions, whatever their source, can impair lawyering judgments. In our collective experience, we have found that assumptions rooted in …
Psychiatry And The Law -- A Dual Review, Jerome Hall, Karl Menninger
Psychiatry And The Law -- A Dual Review, Jerome Hall, Karl Menninger
Articles by Maurer Faculty
No abstract provided.