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Vanderbilt University Law School

Vanderbilt Law School Faculty Publications

Cognitive neuroscience

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Full-Text Articles in Law

Predicting Variation In Endowment Effect Magnitudes, Owen D. Jones, C. Jaeger, S. Brosnan, D. Levin Jan 2020

Predicting Variation In Endowment Effect Magnitudes, Owen D. Jones, C. Jaeger, S. Brosnan, D. Levin

Vanderbilt Law School Faculty Publications

Hundreds of studies demonstrate human cognitive biases that are both inconsistent with “rational” decisionmaking and puzzlingly patterned. One such bias, the “endowment effect” (also known as “reluctance to trade”), occurs when people instantly value an item they have just acquired at a much higher price than the maximum they would have paid to acquire it. This bias impedes a vast range of real-world transactions, making it important to understand. Prior studies have documented items that do or do not generate endowment effects, and have noted that the effects vary in magnitude. But none has predicted any of the substantial between-item …


How Should Justice Policy Treat Young Offenders?, Owen D. Jones, B. J. Casey, Richard J. Bonnie, Et Al . Feb 2017

How Should Justice Policy Treat Young Offenders?, Owen D. Jones, B. J. Casey, Richard J. Bonnie, Et Al .

Vanderbilt Law School Faculty Publications

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …


Law And Emotion: A Proposed Taxonomy Of An Emerging Field Special Edition, Terry A. Maroney Jan 2006

Law And Emotion: A Proposed Taxonomy Of An Emerging Field Special Edition, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Many scholars - from fields as diverse as psychology, law, philosophy, and neuroscience - have begun to study the intersection of emotion and law. I describe that scholarship's development; propose that it is organized along six interrelated but theoretically distinct foci; and suggest directions for future research.

The notion that reason and emotion are cleanly separable - and that law admits only of the former - is deeply engrained, though it recently has come under attack. Law and emotion scholarship proceeds from the beliefs that emotion may be specifically studied, that it is relevant to law, and that its legal …