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Full-Text Articles in Law

Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor Jan 2000

Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor

International Bulletin of Political Psychology

This article discusses Kofi Annan's apology for the United Nations' failure to intervene in the atrocities in Bosnia and Rwanda.


Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader Jan 2000

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.


The Psychology Of Global Climate Change, Jeffrey J. Rachlinski Jan 2000

The Psychology Of Global Climate Change, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

In its attempt to address the threat of global climate change, society has struggled to reach a consensus regarding the need for preventive measures. Professor Rachlinski describes the threat of global climate change as a unique commons dilemma and explains that various psychological phenomena of judgment render it unlikely that society will be able to respond effectively to the threat. After considering the effects of biased assimilation, loss aversion, and other psychological processes, the author explains that an innovative approach is necessary to properly address the dilemma of global climate change.

Specifically, the author examines the prospect of governmental intervention …


A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit Jan 2000

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones Jan 2000

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article serves is a sequel to a previous Article: Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999). Part I briefly considers the threshold question: why consider the behavioral biology of sexual aggression at all? Part II proposes that the first step in transitioning to a more accurate and more useful model of rape behavior is to avoid a number of common definitional ambiguities that plague most rape discussions. Because those ambiguities are particularly likely to foster misunderstandings about biobehavioral perspectives, Part II also clarifies the scope of what biobehavioral theories …


Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax Jan 2000

Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax

All Faculty Scholarship

No abstract provided.


Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen Jan 2000

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita Jan 2000

Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita

Articles

Three vignette studies examined stereotypes of the emotions associated with high- and low-status group members. In Study 1a, participants believed that in negative situations, high-status people feel more angry than sad or guilty and that low-status people feel more sad and guilty than angry. Study 1b showed that in response to positive outcomes, high-status people are expected to feel more pride and low-status people are expected to feel more appreciation. Study 2 showed that people also infer status from emotions: Angry and proud people are thought of as high status, whereas sad, guilty, and appreciative people are considered low status. …


5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon Dec 1999

5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon

Thomas D. Lyon

In Commonwealth v. Corbett, the defendant was charged with sexually assaulting a five-year-old child. As in most cases of sexual abuse, the child was the only witness to the abuse, and the prosecution viewed her testimony as essential. However, before the prosecutor could present the child's testimony to the jury, it was necessary to qualify her for the oath. Most courts require that child witnesses have some understanding of the difference between the truth and lies and the importance of telling the truth, and Massachusetts is no exception. A child who fails the qualifying questions is considered testimonially incompetent, and …


Mass Customization And Permission Marketing: An Exploratory Study Of Higher Education, R Bitar, Oscar T. Mcknight, Ronald Paugh Dec 1999

Mass Customization And Permission Marketing: An Exploratory Study Of Higher Education, R Bitar, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

No abstract provided.


Pest Testing Consumer Behavior In Higher Education: A Perceptual Identity Audit With Bite, Oscar T. Mcknight, Ronald Paugh Dec 1999

Pest Testing Consumer Behavior In Higher Education: A Perceptual Identity Audit With Bite, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

No abstract provided.


Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh Nov 1999

Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

Visual and printed information desired by precollege students were examined using a cluster technique. Significant relationships between the ACT score and student preferences were found. Several recommendations are offered to assist college and university administrators integrate the research and interactivity of the Web into their overall marketing strategy.


Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor Oct 1999

Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the EEOC's recent decision to extend various anti-discrimination rights to illegal immigrants.


A Critique Of Opposition To The Comprehensive Test Ban Treaty, Ibpp Editor Oct 1999

A Critique Of Opposition To The Comprehensive Test Ban Treaty, Ibpp Editor

International Bulletin of Political Psychology

This article presents a critique of recent arguments opposing ratification by the United States of the Comprehensive Test Ban Treaty.


Trends. The Pros And Cons Of Decapitation: An Example From Dagestan, Ibpp Editor Oct 1999

Trends. The Pros And Cons Of Decapitation: An Example From Dagestan, Ibpp Editor

International Bulletin of Political Psychology

This article explores the pros and cons of destroying or severely degrading the strategic command, control, and communication (C3) assets of a politico-military adversary--i.e., decapitation.


Trends. An Implosion Of Ideology: Bosnia, Kosovo, Northern Ireland, Palestine, The Soviet Union, And Beyond, Ibpp Editor Sep 1999

Trends. An Implosion Of Ideology: Bosnia, Kosovo, Northern Ireland, Palestine, The Soviet Union, And Beyond, Ibpp Editor

International Bulletin of Political Psychology

The article discusses multiethnic, representative democracies (MRDs) that often promulgate and effect foreign policies that are founded on the ideological premise that instilling MRDs throughout the world is necessarily the optimal road to Good.


Ibpp Research Associates: East Timor, Anonymous Sep 1999

Ibpp Research Associates: East Timor, Anonymous

International Bulletin of Political Psychology

The article is a rushed letter from an anonymous individual involved in East Timor in late August or early September 1999 when Indonesian troops were present in the area. The letter was sent to the International Peace Practitioners Network (IPPN). For reference, IPPN is a project of the Peace Psychology Division of the American Psychological Association and of Psychologists for Social Responsibility

The letter itself was subsequently forwarded to IBPP by IPPN, and the content of the letter was not verified by IBPP.

IBPP commentary includes a discussion of the role of political psychologists, and other interested parties, in the …


Trends. Message To Another People: Historic Moment, Ibpp Editor Aug 1999

Trends. Message To Another People: Historic Moment, Ibpp Editor

International Bulletin of Political Psychology

The article discusses gratitude expressed for aid during the aftermath of an earthquake in Turkey.


2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon Jul 1999

2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon

Thomas D. Lyon

It is often stated that intervention on behalf of abused and neglected children is intended to protect the child rather than punish the parent.  This stance justifies a no-fault approach to child protection: If a child is being harmed and removal from the parents' custody is the only means to alleviate the harm, removal is justified. If reunification fails, regardless of whether the parent will not or cannot change, the termination of parental rights is justified. It matters not whether the parents acted to harm the child or failed to act to prevent harm. Nor does it matter whether the …


Law And The Ideal Citizen, Lee C. Bollinger Jun 1999

Law And The Ideal Citizen, Lee C. Bollinger

Washington and Lee Law Review

No abstract provided.


Trends. A Profile Of Racial Profiles, Ibpp Editor Apr 1999

Trends. A Profile Of Racial Profiles, Ibpp Editor

International Bulletin of Political Psychology

The author discusses profiling as an approach to prevent crime and to apprehend criminal perpetrators.


Trends. The Psychology Of War And Peace: Good And Bad Demons In Yugoslavia, Ibpp Editor Apr 1999

Trends. The Psychology Of War And Peace: Good And Bad Demons In Yugoslavia, Ibpp Editor

International Bulletin of Political Psychology

The articles discusses the affects of demonization and war.


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 …


When Officers Get The "Blues": Factors That May Determine Which Officer Is More Inclined To Feel Job Stress, Olivia Poppy Nelson Apr 1999

When Officers Get The "Blues": Factors That May Determine Which Officer Is More Inclined To Feel Job Stress, Olivia Poppy Nelson

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to investigate what factors may determine which officers may feel job stress. In today's law enforcement agencies stress is becoming an important topic to study. With the knowledge of what factors may determine stress in officers, stress can be reduced to avoid departmental loss. The data collection was conducted in 1998, during the Christmas season at a California law enforcement agency. This thesis looks at the impact of age, education, and job satisfaction on stress. It also looks at the relationship of age and education to job satisfaction. Multiple regression was run on all …


Aborting The Pros And Cons Of Abortion: No Escaping The Killing Fields, Ibpp Editor Feb 1999

Aborting The Pros And Cons Of Abortion: No Escaping The Killing Fields, Ibpp Editor

International Bulletin of Political Psychology

This article critiques rationales of both opponents and supporters of intentionally aborting a human fetus. The critique has implications for arriving at legal, ethical, and moral judgments.


Trends. The Senate Trial Of President Clinton: There's More Than One Way To Wag The Dog, Ibpp Editor Jan 1999

Trends. The Senate Trial Of President Clinton: There's More Than One Way To Wag The Dog, Ibpp Editor

International Bulletin of Political Psychology

The author discusses "wagging the dog" as it relates to the current presidential scandal.


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

The Limits Of Social Norms, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



Mental Health Parity Issue Briefs, Ardis Hanson Jan 1999

Mental Health Parity Issue Briefs, Ardis Hanson

Ardis Hanson

Six issue briefs summarize the key issues facing the state of Florida in 1999 in the development of mental health parity legislation. The briefs outline the basic issues, potential benefits, and experiences of other states that have developed and/or implemented parity legislation covering behavioral health services, including mental health, alcohol, and/or substance abuse services. In addition, the briefs contain a discussion of the important issues of how managed care and insurance benefit design potentially impact the costs of establishing parity. The six briefs are provided as one pdf document. The document is 6 pages long. Pages include: "Highlights of Recent …


Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit Jan 1999

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Nancy Levit

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …