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Articles 1 - 9 of 9
Full-Text Articles in Law
Stigma In The Statute: When The Language Of The Law Injures, Stacey A. Tovino
Stigma In The Statute: When The Language Of The Law Injures, Stacey A. Tovino
William & Mary Law Review
Jurists frequently consider the extent to which a writer’s or speaker’s harmful statements may be actionable under the law. But what should be done when the law itself contains harmful language? Consider the case of individuals with alcohol use disorder (AUD). Hundreds of federal and state statutes refer to these individuals as “addicts,” “abusers,” “alcoholics,” “drunkards,” “inebriates,” and “intemperates.” These statutes exist notwithstanding research showing that these words provoke negative thinking by others, including thinking that individuals with AUD are more deserving of punishment and less deserving of treatment. These laws persist in the face of research showing that these …
Collective Cognitive Capital, Emily R. D. Murphy
Collective Cognitive Capital, Emily R. D. Murphy
William & Mary Law Review
This Article calls for a new project for law and neuroscience. It outlines a structural, not individual, application of brain and behavioral science that is aligned with the general goal of basic science research: improving the lives of citizens with a better understanding of the human experience. It asks brain and behavioral science to move explicitly into public policy territory, and specifically onto ground more traditionally occupied by economists—but in ways the project of “behavioral economics” has not yet ventured. Put simply, policy analysts should focus on brains—“collective cognitive capital”—with the same intensity with which they focus on money, rights, …
Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen
Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen
William & Mary Law Review
Could “fake news” have First Amendment value? This claim would seem to be almost frivolous given the potential for fake news to undermine two core functions of the freedom of speech—promoting democracy and facilitating the search for “truth,” as well as the corollary that to be valuable, speech must promote rational deliberation. Some would therefore claim that fake news should be classified as “no value” speech falling outside of the First Amendment’s reach. This Article argues somewhat counterintuitively that fake news has value because speech doctrine should not be focused exclusively on the promotion of rational deliberation, but should also …
Social Value Orientation And The Law, Rebecca Hollander-Blumoff
Social Value Orientation And The Law, Rebecca Hollander-Blumoff
William & Mary Law Review
Social value orientation is a psychological trait defined as an individual’s natural preference with respect to the allocation of resources. Law and economics scholarship takes as its starting point the rational actor, who is by definition interested solely in maximizing her own personal utility. But social psychology research demonstrates that, in study after study, approximately half of individuals demonstrate a “prosocial” orientation, meaning that they are interested in maximizing the total outcome of the group and are dedicated to an equal split of resources. Only around a quarter of individuals identify as “proself” individualists who prefer to maximize their own …
Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes
Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes
William & Mary Law Review
Acquiring property is a central part of the modern American vision of the good life. The assumption that accruing more land or chattels will make us better off is so central to the contemporary preoccupation with acquisition that it typically goes without saying. Yet an increasing body of evidence from psychologists and economists who study hedonics—the science of happiness—yields the surprising conclusion that getting and having property does not actually increase our subjective well-being. In fact, it might even decrease it. While scholars have integrated the insights of hedonics into other areas of law, no scholarship has yet done so …
Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin
Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin
William & Mary Law Review
No abstract provided.
A Claim For Third Party Standing In Malpractice Cases Involving Repressed Memory Syndrome, Sheila F. Rock
A Claim For Third Party Standing In Malpractice Cases Involving Repressed Memory Syndrome, Sheila F. Rock
William & Mary Law Review
No abstract provided.
Criminal Responsibilty - The Durham Rule - Washington V. United States, __ F.2d __ (D.C. Cir. 1967)
Criminal Responsibilty - The Durham Rule - Washington V. United States, __ F.2d __ (D.C. Cir. 1967)
William & Mary Law Review
No abstract provided.
Book Review Of Psychoanalysis, Psychiatry, And The Law, Russell P. Norman
Book Review Of Psychoanalysis, Psychiatry, And The Law, Russell P. Norman
William & Mary Law Review
No abstract provided.