Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

The Psychiatrist And Execution Competency: Fording Murky Ethical Waters, Douglas Mossman Md Oct 1992

The Psychiatrist And Execution Competency: Fording Murky Ethical Waters, Douglas Mossman Md

Faculty Articles and Other Publications

The focus of this article is whether it is ethical for physicians to participate in the evaluation or treatment of condemned prisoners who are incompetent. According to Ward, this may be the "ultimate question, faced by psychiatrists who are asked to deal with execution competency. This article is not intended to offer an answer to this question. Rather, it seeks to (1) elucidate issues connected to the "ultimate question's" resolution, (2) articulate a set of premises within which psychiatrists should evaluate their relationship to institutions whose purposes include punishing criminals, and (3) suggest that, if the death penalty itself ...


"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet Jan 1992

"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet

Communication Studies

No abstract provided.


Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller Jan 1992

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

Articles

No abstract provided.


The Definition And Determination Of Insanity In Colorado, H. Patrick Furman Jan 1992

The Definition And Determination Of Insanity In Colorado, H. Patrick Furman

Articles

No abstract provided.


Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb Jan 1992

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.


'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts Jan 1992

'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts

Articles

This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. It ...


Psychological Type Theory In The Legal Profession, Raymond B. Marcin Jan 1992

Psychological Type Theory In The Legal Profession, Raymond B. Marcin

Scholarly Articles and Other Contributions

For some time now the phenomenon known as psychological typing has been finding its way into the study and even the practice of law. The phenomenon has its origin in the notion that people are different in ways that are meaningfully categorizable and classifiable, i.e., that there are genuine, empirically verifiable psychological "types" among people, with the members of each type possessing similar psychological characteristics to some significant extent. The phenomenon is based in Jungian psychology, but its influence has extended well beyond that discipline and into others, including the law and lawyering. More than two decades ago, in ...


On Sanism, Michael L. Perlin Jan 1992

On Sanism, Michael L. Perlin

Articles & Chapters

No abstract provided.


Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin Jan 1992

Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin

Articles & Chapters

No abstract provided.


Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin Jan 1992

Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin

Articles & Chapters

No abstract provided.


Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth Jan 1992

Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth

Articles

A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects ...


Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott Jan 1992

Judgment And Reasoning In Adolescent Decisionmaking, Elizabeth S. Scott

Faculty Scholarship

Few people believe that five year olds and fifteen year olds think, act or make decisions in the same way. The question is whether and how the law should respond to developmental differences. Traditionally, childhood and adulthood have been two dichotomous legal categories, demarcated by the age of majority. This conception has been contested in recent years, as has the premise that all minors are incompetent to make decisions and function as legal actors. Fueled by the controversy over adolescent access to abortion, an advocacy movement has emerged that challenges the authority of parents and the state over the lives ...