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2005

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Articles 31 - 41 of 41

Full-Text Articles in Law and Psychology

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg Jan 2005

Expert Testimony In Capital Sentencing: Juror Responses, John H. Montgomery, J. Richard Ciccone, Stephen P. Garvey, Theodore Eisenberg

Cornell Law Faculty Publications

The U.S. Supreme Court, in Furman v. Georgia (1972), held that the death penalty is constitutional only when applied on an individualized basis. The resultant changes in the laws in death penalty states fostered the involvement of psychiatric and psychologic expert witnesses at the sentencing phase of the trial, to testify on two major issues: (1) the mitigating factor of a defendant’s abnormal mental state and (2) the aggravating factor of a defendant’s potential for future violence. This study was an exploration of the responses of capital jurors to psychiatric/psychologic expert testimony during capital sentencing. The Capital Jury Project is …

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Time-Inconsistent Management & The Sarbanes-Oxley Act, Manuel A. Utset Jan 2005

Time-Inconsistent Management & The Sarbanes-Oxley Act, Manuel A. Utset

Scholarly Publications

No abstract provided.

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Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart Jan 2005

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

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Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang Jan 2005

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

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Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen Jan 2005

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

Articles & Chapters

No abstract provided.

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And My Best Friend, My Doctor, Won't Even Say What It Is I'Ve Got: The Role And Significance Of Counsel In Right To Refuse Treatment Cases, Michael L. Perlin Jan 2005

And My Best Friend, My Doctor, Won't Even Say What It Is I'Ve Got: The Role And Significance Of Counsel In Right To Refuse Treatment Cases, Michael L. Perlin

Articles & Chapters

For the past three decades, scholars have carefully considered the scope of the right of involuntarily committed psychiatric patients to refuse the administration of medication from a rich array of perspectives, including, but not limited to, clinical perspectives, civil libertarian perspectives, philosophical perspectives, and political perspectives. Yet, virtually all of this - remarkably - passes over what I believe is the single most important issue in real life. This issue is the most relevant to the actual (as opposed to paper) existence of theright and the actual (as opposed to paper) implementation of that right: the availability and adequacy ofcounsel …

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Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin Jan 2005

Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin

Articles & Chapters

The author frequently speaks on issues involving the sexuality rights of persons with mental disabilities who are institutionalized. In this article, he discusses the prevalent attitudes of audience members to these presentations, attitudes ranging from anger to denial to projection to transference/countertransference to fear to expressions of religiosity. In some cases, an important connection is made between the speaker and audience members. The article considers these attitudes and seeks to offer explanations for why this is such a threatening topic to so many listeners.

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May You Stay Forever Young: Robert Sadoff And The History Of Mental Disability Law, Michael L. Perlin Jan 2005

May You Stay Forever Young: Robert Sadoff And The History Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

The path of mental disability law over the past 35 years bears the stamp of the work of Dr. Robert L. Sadoff, one of the leading forensic psychiatrists in the nation. This article tracks the development of civil commitment law, right to treatment law, and right to refuse treatment law, and demonstrates the crucial roles that Dr. Sadoff has played in each of these.

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Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng Jan 2005

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Articles by Maurer Faculty

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client's culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client's culture. It therefore suggests that multicultural lawyering training should begin with …

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Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso Jan 2005

Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

In 2003, the Florida District Court of Appeal reversed the murder conviction and life sentence imposed on Lionel Tate, who was twelve years old when he killed his six-year-old neighbor. Since Lionel was reported to be the youngest person in modern times to be sent to prison for life, the case had generated considerable debate, and the decision was appealed on several grounds. What persuaded the appellate court that the conviction could not stand, however, was the trial court's rejection of a petition by Lionel's attorney for an evaluation of his client's competence to assist counsel and to make a …

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Criminal Law In A Post-Freudian World, Deborah W. Denno Jan 2005

Criminal Law In A Post-Freudian World, Deborah W. Denno

Faculty Scholarship

Freudian psychoanalytic theory has greatly influenced the modern definition of criminal culpability. Indeed, much of the language of key criminal statutes, cases, and psychiatric testimony is framed by psychoanalytic concepts. This impact is particularly evident in the Model Penal Code's mens rea provisions and defenses, which were developed in the 1950s and 1960s, a time of Freudian reign in the United States. For contemporary criminal law, however, this degree of psychoanalytic presence is troublesome. Freudian theory is difficult to apply to group conflicts and legal situations, and the theory emphasizes unconscious (rather than conscious) thoughts. The rising new science of …

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