Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (8)
- Selected Works (7)
- New York Law School (6)
- SelectedWorks (4)
- University of Connecticut (4)
-
- Washington and Lee University School of Law (4)
- Schulich School of Law, Dalhousie University (3)
- UIC School of Law (3)
- University of Colorado Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Fordham Law School (2)
- Maurer School of Law: Indiana University (2)
- Montclair State University (2)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
- Embry-Riddle Aeronautical University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Loma Linda University (1)
- Rhode Island College (1)
- Seattle University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Albany, State University of New York (1)
- University of Cincinnati College of Law (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Richmond (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Mental health (5)
- Psychology (5)
- Judges (4)
- Child abuse (3)
- Civil rights (3)
-
- Criminal justice (3)
- Criminal law (3)
- Discrimination (3)
- Mental disorders (3)
- Social psychology (3)
- A. Publications in Peer-reviewed Journals (2)
- Bias (2)
- Child development (2)
- Child neglect (2)
- Child psychology (2)
- Child witnesses (2)
- Civil Procedure (2)
- Civil Rights (2)
- Criminal procedure (2)
- Decision Making (2)
- Forensic Evidence (2)
- Fundamental Attribution Error (2)
- Happiness (2)
- Health (2)
- Intuitions of justice (2)
- Justice system (2)
- Law (2)
- Law and Society (2)
- Legal education (2)
- Legal theory (2)
- Publication
-
- All Faculty Scholarship (8)
- Articles & Chapters (5)
- Scholarly Works (5)
- Faculty Articles and Papers (4)
- Washington and Lee Journal of Civil Rights and Social Justice (4)
-
- Dalhousie Law Journal (3)
- Publications (3)
- Thomas D. Lyon (3)
- Department of Justice Studies Faculty Scholarship and Creative Works (2)
- Faculty Scholarship (2)
- Richard E. Redding (2)
- UIC Law Open Access Faculty Scholarship (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Chicago-Kent Law Review (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Fordham Urban Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Goutam U Jois (1)
- Grant H Morris (1)
- Honors Projects (1)
- Indiana Law Journal (1)
- International Bulletin of Political Psychology (1)
- Loma Linda University Electronic Theses, Dissertations & Projects (1)
- Marybeth Herald (1)
- Michigan Journal of Gender & Law (1)
- NYLS Law Review (1)
- Nancy J. Knauer (1)
- Publication Type
Articles 1 - 30 of 68
Full-Text Articles in Law
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
Victor D. Quintanilla
This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social-psychological perspective. The field of social psychology has documented a pervasive phenomena—the Fundamental Attribution Error—the failure of decision-makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social-psychological research on the Fundamental Attribution Error, legal concepts such as intent, intentionality, mens rea, and …
The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman
The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman
Department of Justice Studies Faculty Scholarship and Creative Works
The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …
Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern
Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern
Chicago-Kent Law Review
There is a schism in the legal scholarship between scholars who argue that value, norm, and information campaigns can induce pro-environmental behavior and those who contend that structural, psychological, and social forces sharply constrain behavior change. Both sides of this debate have neglected the critical and ever-increasing role of technology in addressing residential pollution. The example of electricity "smart grids" illustrates how technology engineered to override cognitive and behavioral limitations can comprehensively reduce household consumption and emissions. Electricity conservation suffers from multiple barriers to collective action, including large numbers of geographically dispersed polluters, low financial payoffs, and, the contribution of …
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
Realism, Punishment & Reform [A Reply To Braman, Kahan, And Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, Robert O. Kurzban
Realism, Punishment & Reform [A Reply To Braman, Kahan, And Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, Robert O. Kurzban
All Faculty Scholarship
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://.ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://.ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue. As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
Dalhousie Law Journal
When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.
Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman
Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman
Dalhousie Law Journal
What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Dalhousie Law Journal
In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.
Venus In Furs: Why False Confessions Are True, Ibpp Editor
Venus In Furs: Why False Confessions Are True, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature of truth and false confessions in the context of confession and interrogation.
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Detecting And Engaging At-Risk Students, Ann P. Haas
Detecting And Engaging At-Risk Students, Ann P. Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Use Of The Minnesota Multiphasic Personality Inventory-Ii (Mmpi-2) In Pre-Employment Evaluations, Ana M. Gamez
The Use Of The Minnesota Multiphasic Personality Inventory-Ii (Mmpi-2) In Pre-Employment Evaluations, Ana M. Gamez
Loma Linda University Electronic Theses, Dissertations & Projects
Psychological testing is an important facet in the selection and hiring processes of law enforcement and public safety personnel. Research in this area suggests that the MMPI-2 scales have been correlated with problematic behavior among police officers, poor job performance, and officer misconduct. This study examined the extent to which suitability for hire could be predicted by the MMPI-2 scale L (Lie), scale K (correction), Infrequency scale (F), scale 4 Psychopathic Deviate (Pd), scale 6 Paranoia (Pa), scale 7 Psychasthenia (Pt), and scale 9 Hypomania (Ma). It examined whether profile differences emerged as a function of suitability across gender, between …
Something Judicious This Way Comes...The Use Of Foreshadowing As A Persuasive Device In Judicial Narrative, Michael J. Higdon
Something Judicious This Way Comes...The Use Of Foreshadowing As A Persuasive Device In Judicial Narrative, Michael J. Higdon
University of Richmond Law Review
No abstract provided.
Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard
Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard
Honors Projects
Examines Donald Black's (1976) theory of pure sociology with data from traffic stops collected over eight months during seventy hours of "ride alongs" with eight different police departments in Rhode Island. Posits that the social structure of each traffic stop is predictable based on observable characteristics of the parties involved and that distance in social space increases the likelihood of a police officer issuing a citation to a driver, while social characteristics similar to that of the police officer reduces the likelihood of a driver receiving a citation. Twenty-one variables throught to impact a police officer's discretion are analyzed. As …
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
Thomas D. Lyon
14. Investigative Interviewing Of The Child., Thomas D. Lyon
14. Investigative Interviewing Of The Child., Thomas D. Lyon
Thomas D. Lyon
21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas
21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas
Thomas D. Lyon
False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina
False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina
Cornell Law Faculty Publications
The movement toward President-centered government is one of the most significant trends in modern American history. This trend has been accelerated by unitary executive theory, which provided constitutional and “good government” justifications for what political scientists have been calling the “personal” or “plebiscitary” presidency.
This essay draws on cognitive, social and political psychology to suggest that the extreme cognitive and psychological demands of modern civic life make us particularly susceptible to a political and constitutional ideology organized around a powerful and beneficent leader who champions our interests in the face of internal obstacles and external threats. The essay goes on …
Incompetence To Maintain A Divorce Action: When Breaking Up Is Odd To Do, Douglas Mossman Md, Amanda N. Shoemaker
Incompetence To Maintain A Divorce Action: When Breaking Up Is Odd To Do, Douglas Mossman Md, Amanda N. Shoemaker
Faculty Articles and Other Publications
The law has well-established provisions for handling divorce actions initiated on behalf of persons already adjudged incompetent or by competent petitioners against incompetent spouses. But how should a court respond if a mentally ill petitioner who is competent to manage most personal affairs seeks to divorce a spouse for bizarre, very odd, or crazy-sounding reasons?
Several recent social developments - better psychiatric treatment, wider acceptance of divorce, population trends, and the advent of “no-fault” and unilateral divorce laws - have made it more likely that mentally ill petitioners will seek divorces. Yet the question of whether to allow a divorce …
Too Stubborn To Ever Be Governed By Enforced Insanity: Some Therapeutic Jurisprudence Dilemmas In The Representation Of Criminal Defendants In Incompetency And Insanity Cases, Michael L. Perlin
Articles & Chapters
Little attention has been paid to the importance between therapeutic jurisprudence (TJ) and the role ofcriminal defense lawyers in insanity and incompetency-to-stand-trial (IST) cases. That inattention is especially noteworthy in light of the dismal track record of counsel providing services to defendants who are part of this cohort of incompetency-status-raisers and insanity-defense-pleaders. On one hand, this lack of attention is a surprise as TJ scholars have, in recent years, turned their attention to virtually every other aspect of the legal system. On the other hand, it is not a surprise, given the omnipresence of sanism, an irrational prejudice ofthe same …
Salvation Or A Lethal Dose? Attitudes And Advocacy In Right To Refuse Treatment Cases, Michael L. Perlin
Salvation Or A Lethal Dose? Attitudes And Advocacy In Right To Refuse Treatment Cases, Michael L. Perlin
Articles & Chapters
The debate surrounding the right to refuse treatment controversy continues unabated in the relevant law and social science literature. However, there are two areas where scant research attention is found. These include the attitudes of patients and staff regarding right to refuse treatment decisions and the adequacy of counsel availed to patients who assert their constitutionally protected right to refuse. This article examines both issues, mindful of what they tell us about sanism and pretextuality with respect to mental disability law and right to refuse treatment jurisprudence.
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Imagination And Choice, Anne Dailey
Imagination And Choice, Anne Dailey
Faculty Articles and Papers
Contemporary behavioral legal scholarship on individual decisionmaking draws primarily from cognitive psychology. This Article argues that the field of behavioral legal scholarship should be broadened to include modern psychoanalytic ideas about the processes of individual decisionmaking. As explained here, the basic perspective of psychoanalytic psychology is largely compatible with recent cognitive research on decisionmaking. However, a psychoanalytic perspective adds valuable nuance and complexity by exposing for scholarly examination certain essential attributes of individual decisionmaking that have so far been overlooked. As a first step in bringing modern psychoanalytic ideas to the attention of contemporary behavioral legal scholars, this Article examines …
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Faculty Articles and Papers
Public "reason giving" is an essential duty of democracies, said to promote better public decision-making by keeping the government's discretionary powers in check. However, this aim may be compromised if decision-makers cite insincere and misleading justifications as a means of preventing accountability. This Article contributes to rethinking sincerity in legal decision-making by asking both a normative and a descriptive question. The normative question is whether and to what extent should public institutions disclose the reasons for their decisions. The practical question is whether and how the fact that decision-makers have failed to fully disclose their reasons can be established. The …
Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits
Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits
Publications
This pilot study represents the first systematic attempt to determine how common lines are on Election Day, at what times of day lines are most likely to form, what are the bottlenecks in the voting process, and how long it takes an average citizen to cast his or her ballot. This study highlights the importance of evaluating polling station operations as a three-step process: arrival, check-in, and casting a ballot. We collected data during the 2008 presidential primary election in California, measuring the efficiency of the operational components of 30 polling stations across three counties. We found statistically significant, and …
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Publications
In Nudge, Cass Sunstein and Richard Thaler describe how public and private institutions can improve on individual choices by nudging individuals into making selections that are right for them. Rejecting the Econ-101 caricature of the rational utility maximizer as inaccurate, Sunstein and Thaler apply the insights of behavioral economics to show how institutions can improve the delivery of services. Moving beyond attempts to remedy individual cognitive errors, Sunstein and Thaler also argue for "libertarian paternalism" - which they herald as the "Third Way." This Review assesses their claims critically, finding their development of "nudge" and "choice architecture" to be …
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Faculty Publications
In its upcoming term, the Court will decide in Snyder v. Phelps whether Albert Snyder can sue the Reverend Fred Phelps and other members of the Westboro Baptist Church for invasion of privacy and intentional infliction of emotional distress for protesting near his son’s funeral. Those arguing in favor of tort liability claim that the Phelps’ speech during a time of mourning and vulnerability is especially outrageous and injurious and that the First Amendment allows such regulation. Their arguments, however, effectively rely on the offensiveness of the Phelps’ message rather than on any external indicia of harm, such as noisy …
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Michigan Journal of Gender & Law
A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.