Law and Psychology Commons^™

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.

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.

Maiming The Cubs, James J. White

Articles

It is easy to believe that students are made anxious and even depressed by law school and that the anxiety and depression stay with many students throughout school. It is harder to believe that these stresses cause permanent and irreversible change and that the ills of lawyers are traced in any meaningful way to the stresses of the three years of law school.

Maiming The Cubs, James J. White

Articles

In the last twenty years much has been written about the deleterious effect that law school has on the mental well-being of law students.' Many have called for "humanizing" law school. In support of their case, the advocates of humanizing cite numerous anecdotes, much scholarly writing in the psychology literature, and even a few rigorous studies of law students. A principal voice is that of Professor Krieger who has done the most careful and elaborate study, a study of students at two law schools.1 You should understand that Professor Krieger and his cohorts do not merely claim that we make …

Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel

ExpressO

This article is an empirically-based follow-up to a piece I published last year in the Journal of Legal Education entitled, On Collegiality, 54 J. Legal Educ. 406 (2004). It provides insight into the process of conducting empirical research and sets forth some preliminary – yet very intriguing – data and qualitative information gleaned from a survey responded to by more than 1200 law professors nationwide. The survey addressed a wide range of topics related to collegiality and job satisfaction in the legal-academic profession.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Using Our Brains: What Cognitive Science Teaches About Teaching Law Students To Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner

ExpressO

Throughout our lives, below the level of our consciousness, each of us develops powerful values, intuitions, expectations, and needs that powerfully affect both our perceptions and our judgments. Placed in situations in which we feel threatened, or which implicate our values, our brains, relying on those implicitly learned, emotionally weighted, memories, can "downshift," to primitive, self-protective problem solving techniques - fight or flight. Because these processes operate below the radar of our consciousness, we react without reflection or the opportunity for interdiction. Thus, it may be that automatic, “emotional” reaction, rather than thoughtful, reasoned analysis leads to our responses to …

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from …

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

The Logician Versus The Linguist- An Empirical Tale Of Functional Discrimination In The Legal Academy, Andrea Kayne Kaufman

Michigan Journal of Gender & Law

This paper, focusing exclusively on gender, asks whether male and female law students express different preferences for logic-based learning models. A wide variety of educational theories and other theories have been used to conceptualize different learning preferences among law students but until now, none has focused on logical intelligence compared with the other intelligences. Using Harvard educational psychologist Howard Gardner's theory of Multiple Intelligences, this paper describes an empirical study establishing that male and female law students express differences in preferring logical intelligence over the other intelligences. This paper introduces the concept of "functional discrimination," addressing the ways in which …

"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …

Johnny's In The Basement/Mixing Up His Medicine: Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Articles & Chapters

Clinical legal education is both more exhilarating and more stressful than "traditional" legal education. It forces students to confront their pre-existing assumptions about the practice of law and the representation of clients (frequently, indigent and marginalized individuals), and it similarly forces them to integrate new doctrine, theory, and practice in a very different way than "regular" law classes demand.

Therapeutic jurisprudence considers the role of the law as a therapeutic agent, and examines all aspects of the legal system in an effort to determine whether it is operating therapeutically or anti-therapeutically, and suggests that legal decision-makers consider the potential impact …

A Law Of Healing, Michael L. Perlin

Articles & Chapters

No abstract provided.

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …

Undergraduate Education In Legal Psychology, Solomon F. Fulero, Edith Greene, Valerie P. Hans, Michael T. Nietzel, Mark A. Small, Lawrence S. Wrightsman

Cornell Law Faculty Publications

The purpose of this article is to describe ways that legal psychology can be introduced into the undergraduate curriculum. The extent to which undergraduate "psychology and law" courses are currently part of the curriculum is described, and a model is proposed for coursework in a Psychology Department that might adequately reflect coverage of the legal area. The role of legal psychology in interdisciplinary programs and Criminal Justice departments is discussed. Sources for teaching aids and curricular materials are described.

Training In Law And Psychology: Models From The Villanova Conference, Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans, Norman G. Poythress Jr., Ronald G. Roesch

Cornell Law Faculty Publications

Although the domain of law and psychology is a burgeoning and popular field of study, there has never been a concerted effort to evaluate current training models or to develop newer, more effective ones. Forty-eight invited participants attended a national conference held at Villanova Law School to remedy this deficiency. Working groups addressed issues of education and training for the undergraduate level; for doctoral level programs in law and social science; for forensic clinical training; for joint-degree (JD/PhD-PsyD) programs; for those in practica, internships, and postdoctoral programs; and for continuing education. This article delineates levels and models of training in …

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

Articles

The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …

The Untermensch As Ubermensch, Paul Campos

Publications

No abstract provided.

Foreword: Public Health & The Law—A Symposium Dedicated To Professor William J. Curran, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Public Health & the Law, a symposium dedicated to Professor William J. Curran held in 1987.

During his career, Professor Curran chaired the Harvard School of Public Health Committee on Human Research; he directed the Program in Law and Public Health; and he was co-director of the Harvard Interfaculty Program in Medical Ethics from 1973 to 1980. He was also an advisor to the World Health Organization and spent two sabbatical periods in Europe with WHO organizations. He advised and lectured in countries throughout the world.

At Harvard Law School and at …

Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel

Publications

No abstract provided.

Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel

Publications

No abstract provided.

Watson: Psychiatry For Lawyers, Herbert C. Modlin M.D.

Michigan Law Review

A Review of Psychiatry for Lawyers by Andrew S. Watson