Law and Psychology Commons^™

Unarresting School Safety, Maryam Ahranjani

Nevada Law Journal

No abstract provided.

Transparency In Forensic Exams, Dorothy Sims, Chris Dove, Richard Frederick

Nevada Law Journal

Medical examination of injured plaintiffs by doctors hired by defendants is a staple of modern tort litigation. Federal Rule of Civil Procedure 35 and its state counterparts authorize such examinations when the plaintiff’s physical or mental condition is at issue. Although typically dubbed “independent” medical examinations or IMEs, their use often appears to be anything but independent in that defense-retained medical professionals have a strong financial incentive to dispute or diminish injury claims in order to obtain or retain a steady stream of lucrative work from defendants and their insurers.

Although often tainted, defense-driven medical examinations rema33330p[in necessary as a …

Secret Shoals Of The Shadow Docket, Andrew J. Wistrich

Nevada Law Journal

The Supreme Court has recently been utilizing the informal procedures of its shadow docket more extensively than before. Many have criticized this trend, arguing that it diminishes transparency and undercuts the Supreme Court’s legitimacy. This Article asks whether by expanding its use of the shadow docket, the Supreme Court is squandering some of its institutional advantages, thereby compromising the quality of its rulings. Research in the fields of cognitive psychology and behavioral economics suggest that it is. The informality and pace of the shadow docket risks enabling intuition, cognitive illusions, and biases to secretly play a larger role than they …

Political Polarization: Psychological Explanations And Potential Solutions, Jennifer K. Robbennolt

Nevada Law Journal

Deep disagreement can characterize public and private discussions of controversial policy issues. Differences in approach, understanding of the facts, and perceptions of each other can lead to contentious and unproductive debate, entrenched animosity, and the escalation of conflict. The psychological roots of these patterns are deep. But psychology also offers some lessons about how we might foster more constructive engagement across difference.

Preventing A (Replication) Crisis In The Courtroom, Kaitlin Mccormick-Huhn

Nevada Law Journal

No abstract provided.

Lemmings Or Lions: Empirical Measure Of Juror Independence In The Face Of Belief Mirroring, John Campbell

Nevada Law Journal

Required by the Sixth and Seventh Amendment to the United States Constitution, jury trials underpin the justice system. Whether a criminal defendant walks free or spends the rest of his life in jail turns on a jury vote. And so does whether a hundred-billion dollar, multinational corporation pays damages for alleged environmental contamination. But are jurors up to the task? Competing images in popular culture, in scholarly literature, and among practicing lawyers and judges paint jurors in diametrically different ways, as either lemmings or lions. These depictions are honest disputes created by literature and anecdotes that could support either narrative. …

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

Nevada Law Journal

The normative logic of the provocation doctrine rests on the long-held, yet untested, assumption that anger can motivate people to act in ways which they believe are morally wrong. Here we provide a frontline inquiry into this premise in the context of the quintessential provocation scenario: a man witnessing or learning of his partner’s infidelity. Among men who had discovered a partner’s affair, anger was more strongly correlated with motivation to retaliate than with judgments as to whether such retaliation was morally acceptable. Moreover, anger explained increases in motivation beyond what could be accounted for by increases in moral judgments. …

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

Nevada Law Journal

No abstract provided.

Psychology And Lawyering: Coalescing The Field, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

The Emotionally Attentive Lawyer: Balancing The Rule Of Law With The Realities Of Human Behavior, Randall Kiser

Nevada Law Journal

No abstract provided.

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

Nevada Law Journal

No abstract provided.

Using A Communication Perspective To Teach Relational Lawyering, Susan L. Brooks

Nevada Law Journal

No abstract provided.

Silencing Our Elders, Debra Lyn Bassett

Nevada Law Journal

Lawyers, and the practice of law generally, tend to focus on words and speech. As wordsmiths, lawyers take great pains to choose the precise word that reflects the specific meaning they wish to convey, and they pride themselves on their ability to persuade, especially in the contexts of oral advocacy in the courtroom and negotiation. Lawyers, correctly, view words and speech as powerful. But there is another powerful tool in a lawyer’s arsenal that receives virtually no recognition or attention: silence. As a general matter, Americans tend to be uncomfortable with silences, and thus rush to fill them. This general …

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Nevada Law Journal

No abstract provided.

Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton

Nevada Law Journal

No abstract provided.

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Nevada Law Journal

Sarah, a new attorney at a public defender’s office, is assigned to the appeals bureau. Ordinarily, Sarah spends her days researching and writing briefs, talking with clients, and brainstorming legal issues with colleagues. Today, however, she opened the mail to find a notice from the court setting a date for her first oral argument. She suffers the first of several anxiety attacks: rapid heart rate, racing thoughts, shortness of breath, sweaty palms, nausea, and feelings of panic and tension. As she reads the form letter, her hands tremble. This is the day she has dreaded. She loves to write and …

Of Reptiles And Velcro: The Brain's Negativity Bias And Persuasion, Kenneth D. Chestek

Nevada Law Journal

No abstract provided.

Hiding The Elephant: How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial, Sydney A. Beckman

Nevada Law Journal

No abstract provided.

Behavioral Legal Ethics, Decision Making, And The New Attorney's Unique Professional Perspective, Catherine Gage O'Grady

Nevada Law Journal

No abstract provided.

Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz

Nevada Law Journal

No abstract provided.

Getting Students Psyched: Using Psychology To Encourage Classroom Participation, Marybeth Herald

Nevada Law Journal

No abstract provided.

Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell

Nevada Law Journal

No abstract provided.

Drink Like A Lawyer: The Neuroscience Of Substance Use And Its Impact On Cognitive Wellness, Debra S. Austin

Nevada Law Journal

No abstract provided.

Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection, Nicole E. Negowetti

Nevada Law Journal

No abstract provided.

Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly

Nevada Law Journal

No abstract provided.

The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel

Nevada Law Journal

No abstract provided.

The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law? , Michael Vitiello

Nevada Law Journal

No abstract provided.

Testifying Minors: Pre-Trial Strategies To Reduce Anxiety In Child Witnesses, Dawn Hathaway Thoman

Nevada Law Journal

No abstract provided.

Obtaining And Utilizing Comprehensive Forensic Evaluations: The Applicability Of One Clinic's Model, Antoinette Kavanaugh, Jennifer Clark, Tiffany Masson, Barbara Kahn

Nevada Law Journal

No abstract provided.

Developmentally-Sound Practice In Family And Juvenile Court, Marty Beyer

Nevada Law Journal

No abstract provided.