Law Commons^™

Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson

Scholarly Works

This Article uses a law and psychology approach to identify ways to strengthen the administration of justice in the corporate workplace. Essentially, a better understanding of human behavior provides insights that are useful in crafting effective laws and improving the implementation of existing laws. The analysis of perception gaps due to inattentional blindness uncovers an under-theorized factor contributing to an enduring problem. Part I sets out the workforce crisis at the individual, company, national, and international levels and the role of gender inequality in this crisis and the pace of change. Part II discusses perception gaps among demographic groups as …

Getting Students Psyched: Using Psychology To Encourage Classroom Participation, Marybeth Herald

Nevada Law Journal

No abstract provided.

Silencing Our Elders, Debra Lyn Bassett

Nevada Law Journal

No abstract provided.

The Emotionally Attentive Lawyer: Balancing The Rule Of Law With The Realities Of Human Behavior, Randall Kiser

Nevada Law Journal

No abstract provided.

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

Nevada Law Journal

No abstract provided.

Drink Like A Lawyer: The Neuroscience Of Substance Use And Its Impact On Cognitive Wellness, Debra S. Austin

Nevada Law Journal

No abstract provided.

Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection, Nicole E. Negowetti

Nevada Law Journal

No abstract provided.

Psychology And Lawyering: Coalescing The Field, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Using A Communication Perspective To Teach Relational Lawyering, Susan L. Brooks

Nevada Law Journal

No abstract provided.

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Nevada Law Journal

No abstract provided.

Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton

Nevada Law Journal

No abstract provided.

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Nevada Law Journal

No abstract provided.

Hiding The Elephant: How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial, Sydney A. Beckman

Nevada Law Journal

No abstract provided.

Behavioral Legal Ethics, Decision Making, And The New Attorney's Unique Professional Perspective, Catherine Gage O'Grady

Nevada Law Journal

No abstract provided.

Of Reptiles And Velcro: The Brain's Negativity Bias And Persuasion, Kenneth D. Chestek

Nevada Law Journal

No abstract provided.

Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz

Nevada Law Journal

No abstract provided.

Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell

Nevada Law Journal

No abstract provided.

Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla

Nevada Law Journal

No abstract provided.

Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly

Nevada Law Journal

No abstract provided.

The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel

Nevada Law Journal

No abstract provided.

Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman

Nevada Law Journal

No abstract provided.

Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Psychology-the science of how people think, feel and behave-has a great deal to teach about a range of core competencies related to working with people and making good decisions. For example, psychologists have conducted extensive research into perception, memory, communication, individual and group decision-making, conflict, goal setting and planning, self-assessment, motivation, "grit," and many other matters that are central to effective lawyering. This research has much to contribute to an understanding of the work of lawyers and can be effectively incorporated into how we teach law students to practice law.

Book Review: "Gustav Shpet’S Contribution To Philosophy And Cultural Theory", Francis J. Mootz Iii

Scholarly Works

The author reviews Gustav Shpet’s Contribution to Philosophy and Cultural Theory edited by Galin Tihanov. The volume provides a comprehensive introduction to the significance of the Russian philosopher Gustav Shpet (1879-1937) in the development of phenomenology, hermeneutics, semiotics, literary theory, psychology, and cultural criticism.

Good Lawyers Should Be Good Psychologists: Insights For Interviewing And Counseling Clients, Jean R. Sternlight, Jennifer Robbennolt

Scholarly Works

To work effectively with clients, witnesses, judges, mediators, arbitrators, experts, jurors, and other lawyers, attorneys must have a good understanding of how people think and make decisions, and must possess good people skills. Yet, law schools have tended to teach very little, directly, about human behavior, and current critiques of legal education do not focus on the importance of psychological insights to attorneys. In particular, lawyers and legal education have not taken full advantage of the great strides that have been made in the field of scientific psychology in recent decades. Similarly, psychologists are not doing as much as they …

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport

Scholarly Works

This essay argues that organizations (here, the Milbank, Tweed law firm) often ignore obviously bad behavior by their employees because of various psychological and sociological factors that prevent them from recognizing the behavior as bad in the first place.

Obtaining And Utilizing Comprehensive Forensic Evaluations: The Applicability Of One Clinic's Model, Antoinette Kavanaugh, Jennifer Clark, Tiffany Masson, Barbara Kahn

Nevada Law Journal

No abstract provided.

Not Interaction But Melding - The "Russian Dressing" Theory Of Emotions: An Explanation Of The Phenomenology Of Emotions And Rationality With Suggested Related Maxims For Judges And Other Legal Decision Makers, Peter Brandon Bayer

Scholarly Works

Even after centuries of contrary philosophy and psychology, many commentators, jurisprudes, and law makers insist that emotions have no legitimate place in most legal decision making. This recalcitrance, of course, is misplaced in light of the powerful body of theory explaining that without emotions, decisions, including matters of law and policy, simply cannot be made. Judges, along with all societal actors, must disabuse themselves of the fallacious belief that emotions obstruct or obscure reason in all endeavors, particularly morality, law, and justice.

The project of truly apprehending emotions, however, requires more than appreciating that they play a crucial role in …

Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel

Scholarly Works

Lawyers are said to travel in packs, or at least pairs, and in the popular parlance are often compared to hoards of locusts, herds of cattle, or unruly mobs. However, at least for purposes of assessing concerns with professionalism currently surrounding the bar and the public, whether attorneys are more or less social than other human animals does not matter. My point is simply that lawyers are social beings; like other human beings in social and occupational groups, lawyers behave largely in accordance with group norms, in much the same way peer pressure led Julian English toward juvenile delinquency in …