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Articles 421 - 450 of 466
Full-Text Articles in Law
The Inefficiency Of Mens Rea, Claire Oakes Finkelstein
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
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 …
Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita
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. …
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
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski
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 Limits Of Social Norms, Jeffrey J. Rachlinski
Lying To Protect Privacy, Anita L. Allen
Lying To Protect Privacy, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown
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.
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
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.
Applications Of Group Career Counseling Techniques In Asian Cultures, Mark Pope
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.
Social Contract Theory In American Case Law, Anita L. Allen
Social Contract Theory In American Case Law, Anita L. Allen
All Faculty Scholarship
No abstract provided.
A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski
A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Justifying Racial Reform, Davison M. Douglas
Justifying Racial Reform, Davison M. Douglas
Faculty Publications
No abstract provided.
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
All Faculty Scholarship
The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley
Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley
All Faculty Scholarship
Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …
The Clinton Chronicle: Diary Of A Political Psychologist, Aubrey Immelman
The Clinton Chronicle: Diary Of A Political Psychologist, Aubrey Immelman
Psychology Faculty Publications
Chronicle, from the perspective of political psychology, of events and controversies in the impeachment saga of President Bill Clinton, from the president’s August 17, 1998 testimony before the grand jury in the Starr investigation to his acquittal on February 12, 1999.
Evolutionary Analysis In Law: An Introduction And Application To Child Abuse, Owen D. Jones
Evolutionary Analysis In Law: An Introduction And Application To Child Abuse, Owen D. Jones
Vanderbilt Law School Faculty Publications
For contemporary biologists, behavior - like physical form - evolves. Although evolutionary processes do not dictate behavior in any inflexible sense, they nonetheless contribute significantly to the prevalence of various behavioral predispositions that, in turn, tend to yield observable patterns of behavior within every known species.
This Article explores the implications for law of evolved behavioral predispositions in humans, urging both caution and optimism.
Part I of the Article provides A Primer in Law-Relevant Evolutionary Biology, assuming no prior knowledge in the subject. Part II coins the term evolutionary analysis in law and proposes a model for conducting it. That …
Immaturity And Irresponsibility, Stephen J. Morse
Immaturity And Irresponsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski
Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax
Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax
All Faculty Scholarship
No abstract provided.
On The Genealogy Of Moral Hazard, Tom Baker
On The Genealogy Of Moral Hazard, Tom Baker
All Faculty Scholarship
No abstract provided.
The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki
The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki
Department of Counseling Scholarship and Creative Works
Model legislation seeks to facilitate uniformity of counselor licensure laws and promote accepted professional standards. The text of the model bill as endorsed by the 1994 American Counseling Association Governing Council is provided with commentary accompanying those sections in which significant changes have occurred. The article concludes with 15 specific suggestions based on experiences gained in the development and implementation of previous legislation for licensed professional counselors.
O.J. Simpson Verdict Raises Questions About Jury System, Aubrey Immelman
O.J. Simpson Verdict Raises Questions About Jury System, Aubrey Immelman
Psychology Faculty Publications
This opinion column examines whether conformity pressures, confirmation bias, and belief perseverance could have influenced jury deliberations and the verdict in The State of California v. O. J. Simpson.
Attitude-Behavior Correspondence? Why Susan Smith Was Spared, Aubrey Immelman
Attitude-Behavior Correspondence? Why Susan Smith Was Spared, Aubrey Immelman
Psychology Faculty Publications
This opinion column employs the Susan Smith homicide case to explore attitude-behavior correspondence. The article describes Richard LaPiere's (1934) landmark study "Attitudes vs. actions" published in the journal Social Forces and Leonard Bickman's (1972) study "Environmental attitudes and actions" published in the Journal of Social Psychology.
An Exploration Of Gender Issues And The Role Of The Outsider In Women's Education Programs In Muslim Communities Case Studies In Afghanistan, Bangladesh, Senegal, And Yemen, Jode Lynne Walp
Master's Capstone Projects
No abstract provided.
Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin
Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin
All Faculty Scholarship
No abstract provided.
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
All Faculty Scholarship
This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:
Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)
Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.