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Full-Text Articles in Law

Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski Apr 1999

Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Potentially dangerous products, such as cigarettes, can be regulated through ex post liability or ex ante regulation. Both systems should reach the same result. In practice, however, cognitive biases that influence the liability system can produce incentives to take an excess of precautions. In particular, because people tend to see past events as more predictable than they really were, judges and juries will tend to find defendants who took reasonable care negligent or even reckless. As a consequence of these biases, a liability system can be more expensive than a regulatory system, both to potential defendants and to society. Cognitive …


The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown Jan 1999

The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown

Faculty Publications

In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.


Applications Of Group Career Counseling Techniques In Asian Cultures, Mark Pope Jan 1999

Applications Of Group Career Counseling Techniques In Asian Cultures, Mark Pope

Education Sciences and Professional Programs Faculty Works

In this article, applications of group career counseling techniques to Asian cultures are discussed. The article first identifies how group‐oriented cultures differ from individually oriented cultures, reasons that group career counseling is especially appropriate for group‐oriented cultures, and relevant issues in group career counseling with Asian populations. Interventions that illustrate the use of group career counseling with Asian clients are prescribed.


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1999

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Social Contract Theory In American Case Law, Anita L. Allen Jan 1999

Social Contract Theory In American Case Law, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The Limits Of Social Norms, Jeffrey J. Rachlinski Jan 1999

The Limits Of Social Norms, Jeffrey J. Rachlinski

Cornell Law Faculty Publications