Law Commons^™

Twitter Trends During The 82nd Session Of The Nevada Legislature, 2023, Annie Vong, Zachary Billot, Mary Blankenship, Caitlin J. Saladino, William E. Brown Jr.

Elections & Governance

This fact sheet examines Twitter trends during the 82nd Session of the Nevada Legislature (2023). Data are comprised of tweets posted on Twitter by users located in Nevada addressing the most discussed topics during the session.

From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Shame permeates the experience of intimate partner violence (IPV). People who perpetrate IPV commonly use tactics designed to cause shame in their partners, including denigrating their dignity, undermining their autonomy, or harming their reputation. Many IPV survivors report an abiding sense of shame as a result of their victimization—from a lost sense of self, to self-blame, to fear of (or actual) social judgment. When seeking help for abuse, many survivors are directed to, or otherwise encounter, persons or institutions that reinforce rather than mitigate their shame. Survivors with marginalized social identities often must contend not only with the shame of …

The Role Of Emotion In Constitutional Theory, J. Joel Alicea

Notre Dame Law Review

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that gap by providing an integrated account of the role of emotion within the individual, how emotion affects constitutional culture, and how constitutional culture, properly understood, should affect our evaluation of major constitutional theories.

The Article begins by reconstructing one of the most important and influential accounts of emotion in the philosophical literature: that of Thomas Aquinas. Because Aquinas’s description of the nature of emotion accords …

Criminological Characteristics Of The Offender Who Committed A Crime In A State Of Affect (Strong Mental Excitement), Komil Khakimov

Review of law sciences

This article describes the identity of the offender, which the author considers as a criminological element of crimes committed in the state of passion. It contains a detailed analysis of the marital status of the offender, psychological symptoms, circumstances that led to the commission of the crime. The author's conclusions on the factors determining the personality of the offender who committed the crime in a state of passion are put forward in the article

The Reliable Revisionist, Caitlyn Schaffer

Philosophy: Student Scholarship & Creative Works

The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …

The Progress Of Passion, Kathryn Abrams

Kathryn Abrams

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …

The Cold War And The Discipline Of Negotiation, Bazil Cunningham

Global Tides

The Cold War period is perhaps one of the most tumultuous periods in modern history apart from the calamity of World War I and World War II. The juxtaposition of two world superpowers and the proliferation of nuclear arms resulted in extreme tension, uncertainty, and fear during the Cold War era. Although nuclear warfare was averted, experts all unanimously agree that the world barely escaped unscathed. This paper will provide detail surrounding the history of the Cold World Era, an in-depth discussion regarding the application of Negotiation theory to this conflict, and any conclusions that can be drawn. The synthesis …

The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley

Publications

Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second, bias, emotion, …

Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Influence Of Emotional And Situated Social Cognition Factors On Consents To Search, Sarah A. Moody

UCARE Research Products

The Fourth Amendment to the US Constitution holds that the government cannot conduct an unreasonable search or seizure without probable cause or consent. A surprising majority of people acquiesce to search requests and research is lacking in determining what factors play a role in these decisions. Findings from the current research on the roles of emotions and situated social cognition in consents to search may help police officers and other legal authority figures ensure against coercive or unfair consents. Based upon regression models constructed from the data, authority figures can alter their search requests to help prevent coercion. The current …

Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King

Animal Sentience

Abstract: When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it is absent …

Introduction: Analysing Emotion And Theorising Affect, Peta Tait

Faculty of Law, Humanities and the Arts - Papers (Archive)

Increased interest in the study of the emotions and affect within the humanities and creative arts can be identified in Australia, where there is nationally funded interdisciplinary research into the history of emotions [1]. While the study of the emotions can be found across a number of academic disciplines, historically, it was theatrical performance that publicly displayed—as well as challenged—ideas of emotional expression in society. The philosophical complexity of theatre is described in, for example: Aristotle’s expectation of benefit to society from the arousal of pity and fear [2]; Diderot’s appreciation that good actors do not feel the emotion that …

The Influence Of Emotion On Memory For A Crime, Taylor Langley

Electronic Theses and Dissertations

Researchers have reported errors in recall or recognition of witnessed events, accounting for the most common cause of false convictions of innocent people. Tiwari (2010) indicated that 25% of suspects who were identified in a line-up were actually innocent. Jurors are strongly influenced by eyewitness testimony and this can lead to false convictions. The validity of eyewitness identification is critical in cases in which it is used as evidence. In the current study we examined specific emotion states by inducing fear, surprise, and neutral moods. We hypothesized that participants in the Fear group would be least susceptible to the effects …

Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark

All Faculty Scholarship

When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predictions they make, the strategic decisions they employ, and what they think is fair. A classic example is confirmation bias, which can cause its victims to seek and interpret information in ways that are consistent with their pre-existing views or the goals they aim to achieve. Studies consistently show that experts as well as laypeople are prone to such biases, …

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Peter R. Reilly

At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. This Article argues that when people learn a sense of "self" and "other" through both theoretical and practical knowledge and understanding of mindfulness and human emotion, connections with others are more likely to be made, and important relationships are more likely to be built.

My goal, then, is to begin thinking about how one might bring mindfulness and emotions from the “mind level” to what human relations …

Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, Cathren Koehlert-Page

Faculty Scholarship

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.

Why Choose? A Response To Rachlinski, Wistrich & Guthrie, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, they have presented a false choice. The experiments do offer strong evidence that judges' decisions can be influenced by the "affect heuristic," insofar as they show that prompting generalized feelings of good/bad and like/dislike can sway legal rulings that ought to be answered entirely on traditionally legalistic grounds. However, the experiments do not speak more broadly to the influence of judicial emotion, which is a far more …

Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges

Department of Psychology: Dissertations, Theses, and Student Research

Problem-solving courts, such as drug and mental health courts, function under the model of therapeutic jurisprudence—the idea that legal policies and procedures should help and not harm clients, within the confines of the law (Winick & Wexler, 2002). Although it would seem that the lack of procedural due process in most problem-solving courts is in direct opposition to the best interests of a client, it is possible that observers find this more of a problem than do the court clients themselves. This two-experiment study applied Igou’s (2008) AIK hypothesis to problem-solving courts’ practice of sanctioning in the absence of due …

Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

University of Massachusetts Law Review

This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.

Troubling Feelings: Moral Anger And Clinical Legal Education, Sarah Buhler

Dalhousie Law Journal

Many law students experience strong and sometimes difficult emotions during their time in clinical lawprograms: sadness at clients'stories of trauma, excitement about a victory in court, or anger at the injustices faced by clients. In this article, I focus on the emotion of "moral anger,"or "moral outrage" experienced by lawyers and students in clinicalcontexts, and consider how educators and students might address manifestations of moral anger in clinical law contexts in ways that ignite a critical and social-justice oriented approach to legal practice. By drawing on theoretical insights from the emerging field of critical emotion studies, I argue that a …

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …

Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe

All Faculty Scholarship

President Obama charged the Presidential Commission for the Study of Bioethical Issues to identify a set of core ethical standards in the neuroscience domain, including the appropriate use of neuroscience in the criminal-justice system. The Commission, in turn, called for comments and recommendations. The MacArthur Foundation Research Network on Law and Neuroscience submitted a consensus statement, published here, containing 16 specific recommendations. These are organized within three main themes: 1) what steps should be taken to enhance the capacity of the criminal justice system to make sound decisions regarding the admissibility and weight of neuroscientific evidence?; 2) to what extent …

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Saint Louis University Law Journal

No abstract provided.

Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe

Faculty Scholarship

It has become increasingly clear that implications for criminal justice – both negative and positive – emerge from the rapid, important, and challenging developments in cognitive neuroscience, the study of how the brain thinks. Two examples will illustrate.

First, lawyers are ever more frequently bringing neuroscientific evidence into the courtroom, often in the forms of testimony about, and graphic images of, human brains. This trend has produced many new challenges for judges as they attempt to provide fair rulings on the admissibility of such technical evidence, consider its proper interpretation, and assess whether the probative value of such testimony may …

Cognition-Enhancing Drugs: Can We Say No?, Frank Pasquale

Frank A. Pasquale

Normative analysis of cognition-enhancing drugs frequently weighs the liberty interests of drug users against egalitarian commitments to a "level playing field." Yet those who would refuse to engage in neuroenhancement may well find their liberty to do so limited in a society where such drugs are widespread. To the extent that unvarnished emotional responses are world-disclosive, neurocosmetic practices also threaten to provide a form of faulty data to their users. This essay examines underappreciated liberty-based and epistemic rationales for regulating cognition-enhancing drugs.

Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell

Pepperdine Dispute Resolution Law Journal

Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …

Music And Emotion In Victim-Impact Evidence, Emily C. Green

Vanderbilt Journal of Entertainment & Technology Law

Aristotle famously said that the "law is reason free from passion," and nothing arouses passion better than music. Thus, when victim-impact evidence evolved from simple oral statements to include photographs, video footage, and musical clips, scholars and judges alike expressed concern that music might be too emotional and may make it difficult for the jury to make a rational decision based on logic rather than feeling. Recent scholarship in the field of law and emotion, however, notes that emotions are inevitable in law and further suggests that these emotions can be used constructively in the legal system. Thus, musically induced …

The Paradox Of Power: Conceptions Of Power And The Relations Of Reason And Emotion In European And Chinese Culture, Jack Barbalet, Xiaoying Qi

Faculty of Law, Humanities and the Arts - Papers (Archive)

An historical consequence of power relations in European culture has been a dichotomy of reason and emotion. This pattern did not arise in China, one of the oldest and most enduring structures of power in human history. The social basis of the Chinese concept of xin (heart-mind) is considered in the paper, and a discussion of a characteristic Chinese conception of power is also presented.

Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell

Law Faculty Scholarship

Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …