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Articles 241 - 270 of 282
Full-Text Articles in Law and Psychology
When More Than Sorry Matters, Lee Taft
When More Than Sorry Matters, Lee Taft
Pepperdine Dispute Resolution Law Journal
The article offers information on the legal aspects of apologizing and its place in dispute resolution. The typology of apology under the book "Mea Culpa" of sociologist Nicholas Tavuchis is mentioned, which distinguishes between authentic and inauthentic apologies. It reports that authentic apology acknowledges the legitimacy of the violated rule through speech, admits fault for its violation and expresses regret for the harm caused by the violation.
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Pepperdine Dispute Resolution Law Journal
The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Pepperdine Dispute Resolution Law Journal
The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
Pepperdine Dispute Resolution Law Journal
The article offers information on the concept and process of forgiveness from a psychological point of view. It discusses several decisions based on the challenging issue of forgiveness, which determines the purpose, timing, and effectiveness to assist forgiveness in avoiding risk to the forgiver. It informs that the forgiveness is relevant in cases where one person clearly commits some offense against another under conditions of envy, jealousy, and unhealed wounds.
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
Lisa PytlikZillig Publications
The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pepperdine Dispute Resolution Law Journal
The article presents information on the study of happiness with respect to the conflict resolution and the goals of Alternative Dispute Resolution. The study of happiness with its disciplines and methodologies falls under the field of psychology. Information on the role of the American Psychological Association of the U.S. on the study and science of happiness that consists of the findings on the subject of medicine, economics, neuroscience and philosophy is also presented.
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
Managing Inner And Outer Conflict: Selves, Subpersonalities, And Internal Family Systems, Leonard L. Riskin
Managing Inner And Outer Conflict: Selves, Subpersonalities, And Internal Family Systems, Leonard L. Riskin
UF Law Faculty Publications
This article describes potential benefits of considering certain processes within an individual that take place in connection with external conflict as if they might be negotiations or other processes that are routinely used to address external disputes, such as mediation or adjudication. In order to think about internal processes in this way, it is necessary to employ a model of the mind that includes entities capable of engaging in such processes. The Internal Family Systems (IFS) model, developed by Richard C. Schwartz, works well for this purpose. The IFS model is grounded on the construct that the mind is composed …
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Lisa PytlikZillig Publications
Despite its increasing importance for sustainability, building widespread competency in the basic principles of climate literacy among the United States general public is a great challenge. This article describes the methods and results of a public engagement approach to planning climate change education in the Central Great Plains of the United States. Our approach incorporated contextual and lay expertise approaches to public engagement with a focus on supporting the self-determination of the specific stakeholder groups–rural producers, educators, and community members. An integration of results from the focus groups reveal that our approach was received positively and elicited a number of …
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
Pepperdine Law Review
No abstract provided.
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Pepperdine Dispute Resolution Law Journal
In the course of offering workplace expertise, the FMCS has also presented its workshop "Managing Grief in the Workplace." The trainings have been given at local, regional, national and international labor relations and mediation conferences, and in college settings. We have found great receptivity to this cutting edge topic. Support in this area can greatly help unions and companies work through the conflicting expectations of a bereaved employee's job performance. Workshops in "Managing Grief in the Workplace" can initiate needed discussions and helping the partners to set up compassionate and realistic bereavement policies in the workplace. Finally, many participants expressed …
The Narrative Approach To Mediation, Toran Hansen
The Narrative Approach To Mediation, Toran Hansen
Pepperdine Dispute Resolution Law Journal
Narrative Mediation is an approach and methodology that can offer mediators an innovative way to handle conflict intervention. It is important to note that "it is not a model that can be ransacked for techniques without damaging the intent and process it requires.. .because the foundational view is vastly different [from other approaches]." It may, however, particularly appeal to mediators with a postmodernist theoretical bent who prefer to work with the accounts of parties in conflict rather than attempting to get at "the truth" because they recognize that any truth brings with it implicit bias. The explicit role of mediator …
Law As A Healing Profession: The "Comprehensive Law Movement" , Susan Daicoff
Law As A Healing Profession: The "Comprehensive Law Movement" , Susan Daicoff
Pepperdine Dispute Resolution Law Journal
This article outlines the history, context, importance, and development of ten or so "vectors" of an emerging change in the law comprising the "comprehensive law movement." This is a movement towards law as a positive force in the resolution and administration of legal matters. The vectors include: creative problem solving, therapeutic jurisprudence, preventive law, restorative justice, collaborative law, transformative mediation, and holistic justice. The movement utilizes the insights of procedural justice and other social science-based understanding of the intrapersonal and interpersonal dynamics of legal affairs and legal disputes. Developments such as problem solving courts, which include drug treatment courts, unified …
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Pepperdine Dispute Resolution Law Journal
Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly make the …
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Pepperdine Dispute Resolution Law Journal
Because the painful experience of shame is believed to deter anti-social and criminal conduct, it has long been a staple of our criminal justice system. Its purpose has been to accomplish moral education about the wrongfulness of the crime and to prevent its occurrence through social and self-disapproval. In criminal ADR or "restorative justice" circles, the beneficial effects of "reintegrative" shame are meant to be accomplished by a "restorative justice conference" or "victim-offender mediation" ("VOMS"). These VOMs bring together victims and their loved ones; offenders and their friends and family; and, caring members of the community for the purpose of …
Gaining Compliance Through Non-Verbal Communication , Pamela Peters
Gaining Compliance Through Non-Verbal Communication , Pamela Peters
Pepperdine Dispute Resolution Law Journal
This article will examine the often de-emphasized and overlooked nonverbal aspects of communication. Understanding the impact of non-verbal messages sharpens one's ability to view seemingly superficial mannerisms and movements as potential cues. Further, this article is designed to prompt individual assessment and increase awareness of one's personal non-verbal mannerisms. This article is intended to encourage members of the ADR and legal communities to thoughtfully observe those around them and implement purposeful movements into their interactions, ultimately becoming more powerful and effective communicators and professionals. This article will consider two methods of gaining compliance through non-verbal signals. The first category examines …
The Missing Link: Enhancing Mediation Success Using Neuro-Linguistic Programming, Mariam Zadeh
The Missing Link: Enhancing Mediation Success Using Neuro-Linguistic Programming, Mariam Zadeh
Pepperdine Dispute Resolution Law Journal
What is it that separates the best from the rest? Generally speaking, the highly coveted litigators and mediators draw people to them over and over again because of that something extra they possess. In Neuro-Linguistic Programming (NLP), that something extra is often referred to as "the difference that makes the difference." Outstanding performers in any field instinctively know the "difference that makes the difference." Successful trial lawyers, for example, have a keen knack for connecting with the jury and persuading them to follow their lead in support of the client's case. Similarly, parties prefer some mediators over others in large …
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Pepperdine Dispute Resolution Law Journal
In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …
The Psychology Of Mediation: Issues Of Self And Identity And The Idr Cycle, Elizabeth E. Bader
The Psychology Of Mediation: Issues Of Self And Identity And The Idr Cycle, Elizabeth E. Bader
Pepperdine Dispute Resolution Law Journal
Issues of self and identity raise profound and often painful questions about who we are. Psychoanalytic developmental theory considers these questions by analyzing the way the sense of self develops in childhood. On the other hand, many spiritual traditions insist that however it develops, the In recent years, there have been some important attempts to bridge the gap between these two positions. Yet, the nature of the self and its identity still remains a fundamental mystery. This article considers the self from these perspectives, and others, including neuroscience and social psychology, within the context of mediation. On a psychological level, …
Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.
Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.
Pepperdine Dispute Resolution Law Journal
This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers' counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients …
The Role Of Equipoise In Family Law, Deborah Cantrell
The Role Of Equipoise In Family Law, Deborah Cantrell
Publications
Scholars reviewing family law over the last twenty years have described the field as having undergone a revolution. While true, both scholars and front-line family law advocates have failed to invent a satisfying end to the revolution. This Article takes up that challenge and offers a novel way forward, It identifies two translation challenges that have prevented the revolution from reaching its end. The first challenge is translating reform so that its benefits accrue equally across all kinds of participants--rich and poor, those with lawyers and those without. The second challenge is translating theory into on-the-ground practices useful to family …
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Lisa PytlikZillig Publications
Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
ExpressO
This article contributes to the broad debate over “adaptive preferences” in law, economics, and political philosophy by addressing an important ongoing controversy in tort law. Hedonic damages compensate for the lost enjoyment of life that results from a tortious injury. Lawyers seeking hedonic damages in personal injury cases emphasize their clients’ new status as compromised and damaged persons, and courts frequently uphold jury verdicts awarding hedonic damages to individuals who experienced disabling injuries based on a view that disability necessarily limits one’s enjoyment of life. This view is consonant with a general societal understanding of disability as a tragedy and …
Understanding Farmers’ Forecast Use From Their Beliefs, Values, Social Norms, And Perceived Obstacles, Qi Hu, Lisa M. Pytlikzillig, Gary Lynne, Alan Tomkins, William J. Waltman, Michael Hayes, Kenneth Hubbard, Ikrom Artikov, Stacey Hoffman, Donald A. Wilhite
Understanding Farmers’ Forecast Use From Their Beliefs, Values, Social Norms, And Perceived Obstacles, Qi Hu, Lisa M. Pytlikzillig, Gary Lynne, Alan Tomkins, William J. Waltman, Michael Hayes, Kenneth Hubbard, Ikrom Artikov, Stacey Hoffman, Donald A. Wilhite
Lisa PytlikZillig Publications
Although the accuracy of weather and climate forecasts is continuously improving and new information retrieved from climate data is adding to the understanding of climate variation, use of the forecasts and climate information by farmers in farming decisions has changed little. This lack of change may result from knowledge barriers and psychological, social, and economic factors that undermine farmer motivation to use forecasts and climate information. According to the theory of planned behavior (TPB), the motivation to use forecasts may arise from personal attitudes, social norms, and perceived control or ability to use forecasts in specific decisions. These attributes are …
Understanding The Influence Of Climate Forecasts On Farmer Decisions As Planned Behavior, Ikrom Artikov, Stacey Hoffman, Gary Lynne, Lisa M. Pytlikzillig, Q. Steven Hu, Alan Tomkins, Kenneth Hubbard, Michael Hayes, William J. Waltman
Understanding The Influence Of Climate Forecasts On Farmer Decisions As Planned Behavior, Ikrom Artikov, Stacey Hoffman, Gary Lynne, Lisa M. Pytlikzillig, Q. Steven Hu, Alan Tomkins, Kenneth Hubbard, Michael Hayes, William J. Waltman
Lisa PytlikZillig Publications
Results of a set of four regression models applied to recent survey data of farmers in eastern Nebraska suggest the causes that drive farmer intentions of using weather and climate information and forecasts in farming decisions. The model results quantify the relative importance of attitude, social norm, perceived behavioral control, and financial capability in explaining the influence of climate-conditions information and short-term and long-term forecasts on agronomic, crop insurance, and crop marketing decisions. Attitude, serving as a proxy for the utility gained from the use of such information, had the most profound positive influence on the outcome of all the …
Jumping On The Bandwagon: How Canadian Lawyers Can & Should Get Involved In The Emerging Trend To Implement Therapeutic Jurisprudence Practices In Canadian Courts, Brooke Bloom
ExpressO
No abstract provided.
Vengeance, Forgivness, Resentment, Jurisprudence, Dispute Resolution, Theodore Y. Blumoff
Vengeance, Forgivness, Resentment, Jurisprudence, Dispute Resolution, Theodore Y. Blumoff
ExpressO
Vengeance is generally accompanied by the moral emotion of resentment and indignation, which are also natural psychological reactions. We can and do give these emotions cognitive content, inasmuch as they have developed and matured over time with culture, but they are primitive. They arise when an individual suffers a non-trivial injury that was inflicted without excuse or justification. Among other injuries suffered, the harm done discounts the value we hold of ourselves as human beings, so that when this discounting (the crime or a substantial tort) occurs and we react defensively; our worth as an individual feels threatened. We hope …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
Publications
Professor Martha C. Nussbaum is an accomplished scholar in an impressive variety of fields. Drawing on her diverse academic backgrounds, Nussbaum has written extensively about emotions and their importance for law from the perspective of her primary specialty, philosophy. Her book Hiding from Humanity criticizes the roles that two particular emotions, disgust and shame, play in the law. Its central thesis is that, as legal actors, we should be wary of disgust and shame because indulging in those emotions allows us to hide from our humanity - both our humanity in the general sense and also those specific features of …