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Articles 31 - 42 of 42
Full-Text Articles in Law
What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson
What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson
Articles
Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available, …
The Effects Of The Courtroom Context On Children’S Memory And Anxiety, Rebecca Nathanson
The Effects Of The Courtroom Context On Children’S Memory And Anxiety, Rebecca Nathanson
Scholarly Works
Modifications of the courtroom environment have been proposed to enhance the ability of child witnesses to offer complete and accurate testimony and reduce system-induced stress. However, these interventions have often been conceived without the benefit of empirical data demonstrating intervention efficacy. The present study examines the effects of the courtroom context on children's memory and anxiety. Eighty-one eight- to ten-year-olds participated in a staged event involving bodily touch, and two weeks later their memory for the event was tested. Half of the children were questioned in a mock courtroom in a university law school, and half were questioned in a …
The Effects Of The Courtroom Context On Children's Memory And Anxiety, Rebecca Nathanson
The Effects Of The Courtroom Context On Children's Memory And Anxiety, Rebecca Nathanson
Scholarly Works
Modifications of the courtroom environment have been proposed to enhance the ability of child witnesses to offer complete and accurate testimony and reduce system-induced stress. However, these interventions have often been conceived without the benefit of empirical data demonstrating intervention efficacy. The present study examines the effects of the courtroom context on children's memory and anxiety. Eighty-one eight- to ten-year-olds participated in a staged event involving bodily touch, and two weeks later their memory for the event was tested. Half of the children were questioned in a mock courtroom in a university law school, and half were questioned in a …
Transactional Mediation: Using Mediators In Deals, Scott Peppet
Transactional Mediation: Using Mediators In Deals, Scott Peppet
Publications
This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.
Prospect Theory, Risk Preference, And The Law, Chris Guthrie
Prospect Theory, Risk Preference, And The Law, Chris Guthrie
Vanderbilt Law School Faculty Publications
To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with an understanding of how people are likely to respond to legal rules can legal scholars, judges, legislators, and regulators craft rules that are likely to encourage desirable behavior and discourage undesirable behavior. Rather than rely on rational choice theory, behavioral law and economics scholars (or legal decision theorists) have turned to Daniel Kahneman and Amos Tversky's "prospect theory" to inform their …
Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin
Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin
Articles & Chapters
Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.
Behavioral Economics And The Sec, Stephen J. Choi, Adam C. Pritchard
Behavioral Economics And The Sec, Stephen J. Choi, Adam C. Pritchard
Articles
Not all investors are rational. Quite apart from the obvious examples of credulity in the face of the latest Ponzi scheme, there is no shortage of evidence that many investors' decisions are influenced by systematic biases that impair their abilities to maximize their investment returns. For example, investors will often hold onto poorly performing stocks longer than warranted, hoping to recoup their losses. Other investors will engage in speculative trading, dissipating their returns by paying larger commissions than more passive investors. And we are not just talking about widows and orphans here. There is evidence that supposedly sophisticated institutional investors-mutual …
You Have Discussed Lepers And Crooks. Sanism In Clinical Teaching, Michael L. Perlin
You Have Discussed Lepers And Crooks. Sanism In Clinical Teaching, Michael L. Perlin
Articles & Chapters
There is a robust clinical literature on how issues of race and gender may influence all aspects of the clinicalsetting: the relationship between student and client, the relationship between student and student, the relationship between student and clinical supervisor, the attitude of the fact-finder toward the clinical client. But there has been virtually no attention paid to the role of sanism in the clinical setting.
Sanism is an irrational prejudice of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia and ethnic bigotry. It permeates all aspects …
Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson
Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin
She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin
Articles & Chapters
No abstract provided.
Sanism And The Law, Michael L. Perlin