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2017

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Full-Text Articles in Law

Learning And The Law: Improving Behavioral Regulation From An International And Comparative Perspective, Georgios Dimitropoulos, Philipp Hacker Dec 2017

Learning And The Law: Improving Behavioral Regulation From An International And Comparative Perspective, Georgios Dimitropoulos, Philipp Hacker

Journal of Law and Policy

Various disciplines are increasingly discovering the power of learning. However, the potential and the complexities of learning theory in decision-making contexts have so far been neglected by scholarship in law and economics as well as behavioral law and economics: either learning is uncritically assumed to occur and to mitigate biases, or it is generally claimed that learning is insufficient to overcome cognitive biases. Even where learning is considered, the scope is merely limited to individual or social learning. Learning by and across institutions, a crucial factor for effective regulation, is largely ignored. That type of learning should be paramount, however, …


Reflections On The Challenging Proliferation Of Mental Health Issues In The District Court And The Need For Judicial Education, Jessie B. Gunther Nov 2017

Reflections On The Challenging Proliferation Of Mental Health Issues In The District Court And The Need For Judicial Education, Jessie B. Gunther

Maine Law Review

Maine's courts constantly deal with litigants with mental health issues. Historically, our decisions have relied on expert testimony addressing specific issues of responsibility, risk, and treatment. In recent years, by my observation, court involvement in the treatment process has increased, but the availability of expert evidence has decreased. Thus, we as judges have become the ultimate decision-makers regarding litigants' mental health treatment in both criminal and civil contexts, without supporting expert testimony. In the face of this development, three interconnected issues arise. The first issue is whether judges should even attempt to fill the void caused by lack of expert …


When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume Nov 2017

When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume

John H. Blume

This Article examines the implications of emerging neuroscientific findings regarding empathy for capital trials. We have approached this task with caution because neuroscientists’ understanding of the human brain is still evolving. As with any new field, if neuroscience is completely trusted before it is thoroughly tested, there is a risk of embracing the new phrenology. Given the state of the research, our advice to defense lawyers is quite modest, but we believe that there are some important lessons for lawyers, judges, legislators, and other stakeholders in the capital punishment system.


Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski Nov 2017

Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …


19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams Nov 2017

19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams

Thomas D. Lyon

In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ends of …


61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon Nov 2017

61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

This study examined relations between children’s false statements and response latency, executive functioning, and truth-lie understanding in order to understand what underlies children’s emerging ability to make false statements. A total of 158 (2- to 5-year-old) children earned prizes for claiming that they were looking at birds even when presented with images of fish. Children were asked recall (“what do you have?”), recognition (“do you have a bird/fish?”), and outcome (“did you win/lose?”) questions. Response latencies were greater when children were presented with fish pictures than bird pictures, particularly when they were asked recall questions, and were greater for false …


60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2017

60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This included …


Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins Nov 2017

Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins

Lisa PytlikZillig Publications

Deliberative (and educational) theories typically predict knowledge gains will be enhanced by information structure and discussion. In two studies, we experimentally manipulated key features of deliberative public engagement (information, instructions, and discussion) and measured impacts on cognitive-affective engagement and knowledge about nanotechnology. We also examined the direct and moderating impacts of individual differences in need for cognition and gender. Findings indicated little impact of information (organized by topic or by pro-con relevance). Instructions (prompts to think critically) decreased engagement in Study 1, and increased it in Study 2, but did not impact postknowledge. Group discussion had strong positive benefits for …


Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke Nov 2017

Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke

Catholic University Law Review

This Article presents the results of the first empirical research project to investigate law students’ use of defensive pessimism. Previous researchers have suggested that defensive pessimism may benefit law students academically. Defensive pessimism is a strategy that involves setting low expectations and reflecting extensively on what could go wrong in connection with a future event in order to manage anxiety and improve performance. However, up until now, law students’ use of defensive pessimism has not been empirically studied.

We investigated law students’ use of defensive pessimism. Contrary to the suggestions of other scholars, we did not find statistically significant relationships …


Social Value Orientation And The Law, Rebecca Hollander-Blumoff Nov 2017

Social Value Orientation And The Law, Rebecca Hollander-Blumoff

William & Mary Law Review

Social value orientation is a psychological trait defined as an individual’s natural preference with respect to the allocation of resources. Law and economics scholarship takes as its starting point the rational actor, who is by definition interested solely in maximizing her own personal utility. But social psychology research demonstrates that, in study after study, approximately half of individuals demonstrate a “prosocial” orientation, meaning that they are interested in maximizing the total outcome of the group and are dedicated to an equal split of resources. Only around a quarter of individuals identify as “proself” individualists who prefer to maximize their own …


No Restoration, No Rehabilitation: Shadow Detention Of Mentally Incompetent Noncitizens, Sarah Sherman-Stokes Nov 2017

No Restoration, No Rehabilitation: Shadow Detention Of Mentally Incompetent Noncitizens, Sarah Sherman-Stokes

Villanova Law Review

No abstract provided.


Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn Nov 2017

Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn

Villanova Law Review

No abstract provided.


Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann Oct 2017

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that the …


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn Oct 2017

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice Oct 2017

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes Oct 2017

Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes

St. Mary's Journal on Legal Malpractice & Ethics

In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …


Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport Oct 2017

Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport

Dickinson Law Review (2017-Present)

This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …


Self-Injurious Behaviors In Prisons: A Nationwide Survey Of Correctional Mental Health Directors, Kenneth L. Appelbaum, Judith A. Savageau, Robert L. Trestman, Jeffrey L. Metzner Sep 2017

Self-Injurious Behaviors In Prisons: A Nationwide Survey Of Correctional Mental Health Directors, Kenneth L. Appelbaum, Judith A. Savageau, Robert L. Trestman, Jeffrey L. Metzner

Judith A. Savageau

Self-injurious behavior (SIB) by inmates has serious health, safety, operational, security and fiscal consequences. Serious incidents require a freeze in normal facility operations. Injuries that need outside medical attention create additional security risks, including potential escape attempts. The interruption of normal operations, diversion of staff, cost of outside care, and drain on medical and mental health resources all have significant fiscal consequences. This session will present the results and implications of a survey of the Mental Health Directors in all 51 state and federal prison systems on the extent of SIB by inmates, including incidence and prevalence, adverse consequences, and …


Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina Sep 2017

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna Sep 2017

Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna

Nevada Law Journal

No abstract provided.


Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman Sep 2017

Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman

Nevada Law Journal

No abstract provided.


Criminal Responsibility: Meta-Analysis And Study Space, Lauren E. Kois Sep 2017

Criminal Responsibility: Meta-Analysis And Study Space, Lauren E. Kois

Dissertations, Theses, and Capstone Projects

Criminal responsibility (CR; i.e., sanity) has garnered significant research attention over the years. While some variables predicting insanity outcomes are consistent, others are not. Study-level characteristics, such as sample selection, variability in the operational definition of insanity, or other unknown influences may explain discrepant findings. It is critical to consolidate these variables and systematically assess differences in methodology to understand the state of the literature and to guide future research. As such, I conducted the first meta-analysis and study space analysis (see Malpass et al., 2008) in this area. Only 16 studies met inclusion criteria for the meta-analysis. Summary effects …


Individual Levels Of Bias And Immigration Policies In The United States: A Test And Extension Of The Dual Processing Model Of Bias, Lorraine Phillips Sep 2017

Individual Levels Of Bias And Immigration Policies In The United States: A Test And Extension Of The Dual Processing Model Of Bias, Lorraine Phillips

Dissertations, Theses, and Capstone Projects

The present study was a test and extension of the Dual Process Model of bias on attitudes toward immigrants and immigration policy in the United States. The Dual Process Model predicts that people who score higher on either the Social Dominance Orientation scale or the Right Wing Authoritarian scale will hold more negative attitudes toward immigrants, particularly if immigrants are viewed as a threat. A sample of 315 participants from across the United States was recruited using Amazon’s M Turk site. This study used a combination of attitudinal measures, policy scales, and experimental vignettes. The study found that the Dual …


Brief Of Amici Curiae Of 11 Addiction Experts In Support Of Appellee, Gene M. Heyman, Scott O. Lilienfeld, Stephen J. Morse, Sally L. Satel Sep 2017

Brief Of Amici Curiae Of 11 Addiction Experts In Support Of Appellee, Gene M. Heyman, Scott O. Lilienfeld, Stephen J. Morse, Sally L. Satel

All Faculty Scholarship

This brief is a critique of the brain disease model and many supposed implications of that model. It begins with a brief history of the model and moves to a discussion of the motivations behind the characterization of addiction as a “chronic and relapsing brain disease.” We follow with an enumeration of fallacious inferences based upon the brain disease model, including the very notion that addiction becomes a “brain disease” simply because it has neurobiological correlates. Regardless of whether addiction is labeled a brain disease, the real question, we contend, is whether the behavioral manifestations of addiction are unresponsive to …


Law And Psychology Grows Up, Goes Online, And Replicates, Krin Irvine, David A. Hoffman, Tess Wilkinson-Ryan Aug 2017

Law And Psychology Grows Up, Goes Online, And Replicates, Krin Irvine, David A. Hoffman, Tess Wilkinson-Ryan

All Faculty Scholarship

Over the last thirty years, legal scholars have increasingly deployed experimental studies, particularly hypothetical scenarios, to test intuitions about legal reasoning and behavior. That movement has accelerated in the last decade, facilitated in large part by cheap and convenient Internet participant recruiting platforms like Amazon Mechanical Turk. The widespread use of MTurk subjects, a practice that dramatically lowers the barriers to entry for experimental research, has been controversial. At the same time, law and psychology’s home discipline is experiencing a public crisis of confidence widely discussed in terms of the “replication crisis.” At present, law and psychology research is arguably …


Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein Aug 2017

Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein

Law School Blogs

No abstract provided.


The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund Aug 2017

The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund

Arbitration Law Review

No abstract provided.


Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen Aug 2017

Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen

UCARE Research Products

Juvenile dependency courts deal with cases that have allegations of child abuse or neglect by a parent or guardian. Lancaster's Family Treatment Drug Court (FTDC) is a problem-solving court that deals with cases of child abuse or neglect related to substance abuse. Parents on this track receive monthly team meetings, specialized services, and corrective measures. The research question of this evaluation was: "Do parents on the Family Treatment Drug Court perceive the court process more positively than parents who are not on the track (control)?" 144 parents completed an 11 item survey following their court hearings. Overall, both FTDC and …


Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey Aug 2017

Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey

Northwestern University Law Review

The media and academic dialogue surrounding high-stakes decisionmaking by robotics applications has been dominated by a focus on morality. But the tendency to do so while overlooking the role that legal incentives play in shaping the behavior of profit-maximizing firms risks marginalizing the field of robotics and rendering many of the deepest challenges facing today’s engineers utterly intractable. This Essay attempts to both halt this trend and offer a course correction. Invoking Justice Oliver Wendell Holmes’s canonical analogy of the “bad man . . . who cares nothing for . . . ethical rules,” it demonstrates why philosophical abstractions like …


Life's Hurried Tangled Road: A Therapeutic Jurisprudence Analysis Of Why Dedicated Counsel Must Be Assigned To Represent Persons With Mental Disabilities In Community Settings, Alison Lynch, Michael L. Perlin Aug 2017

Life's Hurried Tangled Road: A Therapeutic Jurisprudence Analysis Of Why Dedicated Counsel Must Be Assigned To Represent Persons With Mental Disabilities In Community Settings, Alison Lynch, Michael L. Perlin

Articles & Chapters

This paper will be published as part of a symposium issue of Behavioral Sciences and Law.

Although counsel is now assigned in all jurisdictions to provide legal representation to persons facing involuntary civil commitment, such counsel is rarely available to persons with mental disabilities in other settings outside the hospital. In this paper, we strongly urge that such representation also be made available to this population in community settings. The scope of this representation must include any involvement with the criminal justice system that currently does not fall within the scope of indigent counsel assignment decisions such as Gideon v. …