Law Commons^™

Psychological Barriers To Litigation Settlement: An Experimental Approach, Russell Korobkin, Chris Guthrie

Michigan Law Review

In this article, we seek to substantiate "psychological barriers," as illustrated by the constructs described above, as a third explanation for the failure of legal disputants to settle out of court. Although we are not the first to hypothesize that psychological processes can, in theory, affect legal dispute negotiations, we attempt to give more definition to the otherwise vague contours of the psychological barriers hypothesis by bringing empirical data to bear on the question. To achieve this end, we conducted a series of nine laboratory experiments - involving nearly 450 subjects - designed to isolate the effects of the three …

Recovered Memory Of Childhood Sexual Abuse, Aubrey Immelman

Psychology Faculty Publications

This article examines the psychological basis for repression and recovery of traumatic memories, presents the results of research on potential sources of error in delayed or recovered memories, and offers possible reasons (primarily related to clinical practice and collective behavior) for false accusations of sexual abuse.

Guidelines For Handling Domestic Violence Cases In Community Mental Health Centers, Carol E. Jordan, Robert Walker

Office for Policy Studies on Violence Against Women Publications

Community mental health centers are becoming increasingly involved in the delivery of services to victims and perpetrators of domestic violence. To help centers plan a domestic violence program and address the risk of liability in treating clients who may be dangerous, the authors suggest principles to guide clinical decisions, standards for service delivery, and standards for staff development.

2. Young Children's Understanding Of "Remember" And "Forget.", Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

Trances, Trials, And Tribulations, Gary M. Shaw

Touro Law Review

No abstract provided.

Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer

Journal of Law and Health

Given the debilitating nature of psychosis, those affected are often unable to give informed consent about taking the medication. A crucial question is whether civil or criminal authorities can force the individual to take antipsychotic medication and under what circumstances this should be permitted. This review will focus on the current legal status of involuntary treatment with antipsychotics in various patient populations. The constitutional issues involved will be considered in light of both the patient's and the civil or criminal institution's rights and duties. A review of the literature suggests there is a critical need for a balanced position on …

Trust In Courtroom Participants: A Question Of Bias In Prospective Jurors, Robin Leslie Adrian

Theses Digitization Project

No abstract provided.

Aiding And Altruism: A Mythopsycholegal Analysis, Thomas C. Galligan Jr.

University of Michigan Journal of Law Reform

This Article asserts that traditional tort law should be modified to provide for a duty to act in situations in which a reasonable person would act altruistically. Part I examines traditional and more recent tort doctrine governing the duty to aid. Part II discusses compassion from philosophical, literary, and mythological points of view and explores how these viewpoints inform compassion's possible relationship to a legal duty to help. Part III considers the connections between psychological theories and studies of action, altruism, and empathy. In addition to Batson's work, I reexamine the classic studies of Latan6 and Darley and the application …

The Untermensch As Ubermensch, Paul Campos

Publications

No abstract provided.

Cognitive Dissonance: Have Insanity Defense And Civil Commitment Reforms Made A Difference, John Q. La Fond, Mary L. Durham

Villanova Law Review

No abstract provided.

Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith

Seattle University Law Review

This Comment explores whether testimony regarding repressed memories is admissible under Washington rules of evidence. This Comment concludes that the process of repression and accurate recall of memories has not been proven to be a sufficiently reliable and trustworthy phenomenon to justify admission of evidence that abuse occurred.

Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin

Articles & Chapters

No abstract provided.

Corrections Law: The Supreme Court And Treatment In Correctional And Forensic Mental Health Facilities: Recent Trends And Decisions, Michael L. Perlin

Articles & Chapters

No abstract provided.

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Articles & Chapters

No abstract provided.

Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

Symposium: Therapeutic Jurisprudence: From Idea to Application

Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery

University of Richmond Law Review

In July 1989, five-month-old Ryan Stallings spent two weeks in a hospital after suffering abdominal pains. Ryan was subsequently placed in a foster home when police suspected that he ingested antifreeze while in the care of his mother, twenty-four-year-old Patricia Stallings. Police became suspicious of Patricia because Ryan could not walk and thus was unlikely to ingest antifreeze accidentally. Patricia was allowed to visit Ryan once every week while he remained in foster care under the supervision of the Missouri Division of Family Services. Shortly after her visit on August 31, 1989, Ryan was readmitted to the hospital with symptoms …

'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller

Articles

The phrase "I can take a hint," when said seriously, contains its own denial. It reveals that the speaker has not been very adept at recognizing the hints already given, nor very graceful about not making a scene once he has recognized them. Its very utterance has the effect of punishing the hint-giver by making her hint fail as a hint. The truly successful hint works by gaining its end with no extra awkwardness added to the social encounter. The good hint should be barely perceived by the person toward whom it is directed. We could even say that it …

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

Articles

The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …

In Slime And Darkness: The Metaphor Of Filth In Criminal Justice, Martha Grace Duncan

Faculty Articles

An article such as this one, which seeks to examine the labyrinthine chains of meanings that we associate with illegal behavior, cries out for an interdisciplinary approach. Specifically, it demands a source that can reveal our unconscious as well as our conscious associations. Such a source is classical literature -- works of fiction that, by virtue of being read and loved through centuries and across continents, have proven their capacity to strike a responsive chord in their readers. Therefore, in Part II of this Article, I employ the classics, supplemented by occasional examples from contemporary fiction, history, and theology, to …

Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross

Articles

American support for the death penalty has steadily increased since 1966, when opponents outnumbered supporters, and now in the mid-1990s is at a near record high. Research over the last 20 years has tended to confirm the hypothesis that most people’s death penalty attitudes (pro or con) are based on emotion rather than information or rational argument. People feel strongly about the death penalty, know little about it, and feel no need to know more. Factual information (e.g., about deterrence and discrimination) is generally irrelevant to people’s attitudes, and they are aware that this is so. Support for the death …

Implications Of Process Control And Decision Control In Victim Mediation And Restitution, F. L. Cefalo

Theses : Honours

This study examines the perceptions of victims and non-victims towards legal procedures which provide a hypothetical victim of property crime varying opportunities to actively participate in the justice process. Some of the variations of victim participation in the procedures examined are comparable to opportunities for victim participation in the procedure victim offender mediation. Other variations represent court procedures In which participation in the justice process by victims of crime is not required. In an experimental scenario study, the first part of this study examines perceptions of fairness of different variations of victim participation in the justice process. The second part …