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Articles 1 - 8 of 8
Full-Text Articles in Law
Psychological Barriers To Litigation Settlement: An Experimental Approach, Russell Korobkin, Chris Guthrie
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 …
Aiding And Altruism: A Mythopsycholegal Analysis, Thomas C. Galligan Jr.
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 …
Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery
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 …
Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer
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 …
Trances, Trials, And Tribulations, Gary M. Shaw
Trances, Trials, And Tribulations, Gary M. Shaw
Touro 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
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.
Cognitive Dissonance: Have Insanity Defense And Civil Commitment Reforms Made A Difference, John Q. La Fond, Mary L. Durham
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.
Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn
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.