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Articles 1 - 16 of 16

Full-Text Articles in Law

O.J. Simpson Verdict Raises Questions About Jury System, Aubrey Immelman Oct 1995

O.J. Simpson Verdict Raises Questions About Jury System, Aubrey Immelman

Psychology Faculty Publications

This opinion column examines whether conformity pressures, confirmation bias, and belief perseverance could have influenced jury deliberations and the verdict in The State of California v. O. J. Simpson.


The Duty To Control In Negligent Release Cases: King V. Durham County Mental Health Developmental Disabilities And Substance Abuse Authority, Timothy J. Turner Oct 1995

The Duty To Control In Negligent Release Cases: King V. Durham County Mental Health Developmental Disabilities And Substance Abuse Authority, Timothy J. Turner

North Carolina Central Law Review

No abstract provided.


A Claim For Third Party Standing In Malpractice Cases Involving Repressed Memory Syndrome, Sheila F. Rock Oct 1995

A Claim For Third Party Standing In Malpractice Cases Involving Repressed Memory Syndrome, Sheila F. Rock

William & Mary Law Review

No abstract provided.


The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta Oct 1995

The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta

Michigan Law Review

This Note argues that the use of any questions based upon an applicant's psychological history in the state bar application process violates the Americans with Disabilities Act. Part I demonstrates that Title II of the ADA applies to state boards of bar examiners, and that the ADA definition of a person with a disability includes a person who has sought or received psychological counseling. Part II applies the ADA and accompanying regulations to the psychological history inquiries currently used by state bar examiners and argues that such inquiries violate the ADA because they inquire specifically about disabled status. Part ...


Attitude-Behavior Correspondence? Why Susan Smith Was Spared, Aubrey Immelman Aug 1995

Attitude-Behavior Correspondence? Why Susan Smith Was Spared, Aubrey Immelman

Psychology Faculty Publications

This opinion column employs the Susan Smith homicide case to explore attitude-behavior correspondence. The article describes Richard LaPiere's (1934) landmark study "Attitudes vs. actions" published in the journal Social Forces and Leonard Bickman's (1972) study "Environmental attitudes and actions" published in the Journal of Social Psychology.


On Humiliation, Jeremy Waldron May 1995

On Humiliation, Jeremy Waldron

Michigan Law Review

A Review of Humiliation, and Other Essays on Honor, Social Discomfort, and Violence by William Ian Miller


Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney Apr 1995

Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney

West Virginia Law Review

No abstract provided.


3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon Jan 1995

3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

The amicus brief in the Kelly Michaels case ignores the risks that abused children will fail to reveal abuse unless direct and sometimes leading questions are asked. Although the brief correctly criticizes previous research for understating the risks that aggressive interviewing practices will lead young children to make false allegations of abuse, it overstates the likelihood that false allegations occur by overlooking the aspects of the Kelly Michaels case and the research it inspired that are unlike the typical abuse case.  The author discusses factors that lead abused children to falsely deny abuse and that minimize the likelihood that nonabused ...


Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr. Jan 1995

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

Articles

This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by ...


True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan Jan 1995

True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan

Journal of Law and Health

This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to ...


Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley Jan 1995

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

Faculty Scholarship at Penn Law

This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal ...


Dangerous Decisions: An Essay On The Mathematics Of Clinical Violence Prediction And Involuntary Hospitalization, Douglas Mossman Md Jan 1995

Dangerous Decisions: An Essay On The Mathematics Of Clinical Violence Prediction And Involuntary Hospitalization, Douglas Mossman Md

Faculty Articles and Other Publications

This Article has two major purposes. First, it provides a mathematical
description of an ideal procedure for making clinical decisions about patients'
future violence, a description that provides a context for evaluating clinicians'
"dangerousness decisions." For purposes of illustration, the Article uses a specific clinical situation-deciding whether to hospitaize involuntarily a patient
based on his risk of harming another. The Article argues that the decision
involves balancing potential risks to third parties (often the patient's family
members) with the "massive deprivation of liberty and other potential
harms to the patient that could result from confinement. The mathematical
description of ...


Rashomon And The Criminal Law: Mental Disability And The Federal Sentencing Guidelines, Michael L. Perlin, Keri K. Gould Jan 1995

Rashomon And The Criminal Law: Mental Disability And The Federal Sentencing Guidelines, Michael L. Perlin, Keri K. Gould

Articles & Chapters

No abstract provided.


Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Jan 1995

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.


Upward Contempt, William I. Miller Jan 1995

Upward Contempt, William I. Miller

Articles

Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of ...


Deep Inner Lives, Individualism And People Of Honour, William I. Miller Jan 1995

Deep Inner Lives, Individualism And People Of Honour, William I. Miller

Articles

With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on ...