Law and Psychology Commons^™

Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern

Chicago-Kent Law Review

There is a schism in the legal scholarship between scholars who argue that value, norm, and information campaigns can induce pro-environmental behavior and those who contend that structural, psychological, and social forces sharply constrain behavior change. Both sides of this debate have neglected the critical and ever-increasing role of technology in addressing residential pollution. The example of electricity "smart grids" illustrates how technology engineered to override cognitive and behavioral limitations can comprehensively reduce household consumption and emissions. Electricity conservation suffers from multiple barriers to collective action, including large numbers of geographically dispersed polluters, low financial payoffs, and, the contribution of …

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …

"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick

Dalhousie Law Journal

When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.

Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman

Dalhousie Law Journal

What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …

Venus In Furs: Why False Confessions Are True, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature of truth and false confessions in the context of confession and interrogation.

The Use Of The Minnesota Multiphasic Personality Inventory-Ii (Mmpi-2) In Pre-Employment Evaluations, Ana M. Gamez

Loma Linda University Electronic Theses, Dissertations & Projects

Psychological testing is an important facet in the selection and hiring processes of law enforcement and public safety personnel. Research in this area suggests that the MMPI-2 scales have been correlated with problematic behavior among police officers, poor job performance, and officer misconduct. This study examined the extent to which suitability for hire could be predicted by the MMPI-2 scale L (Lie), scale K (correction), Infrequency scale (F), scale 4 Psychopathic Deviate (Pd), scale 6 Paranoia (Pa), scale 7 Psychasthenia (Pt), and scale 9 Hypomania (Ma). It examined whether profile differences emerged as a function of suitability across gender, between …

College Suicide: A Law And Policy Perspective, Gary Pavela

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Detecting And Engaging At-Risk Students, Ann P. Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Something Judicious This Way Comes...The Use Of Foreshadowing As A Persuasive Device In Judicial Narrative, Michael J. Higdon

University of Richmond Law Review

No abstract provided.

False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina

Cornell Law Faculty Publications

The movement toward President-centered government is one of the most significant trends in modern American history. This trend has been accelerated by unitary executive theory, which provided constitutional and “good government” justifications for what political scientists have been calling the “personal” or “plebiscitary” presidency.

This essay draws on cognitive, social and political psychology to suggest that the extreme cognitive and psychological demands of modern civic life make us particularly susceptible to a political and constitutional ideology organized around a powerful and beneficent leader who champions our interests in the face of internal obstacles and external threats. The essay goes on …

Incompetence To Maintain A Divorce Action: When Breaking Up Is Odd To Do, Douglas Mossman Md, Amanda N. Shoemaker

Faculty Articles and Other Publications

The law has well-established provisions for handling divorce actions initiated on behalf of persons already adjudged incompetent or by competent petitioners against incompetent spouses. But how should a court respond if a mentally ill petitioner who is competent to manage most personal affairs seeks to divorce a spouse for bizarre, very odd, or crazy-sounding reasons?

Several recent social developments - better psychiatric treatment, wider acceptance of divorce, population trends, and the advent of “no-fault” and unilateral divorce laws - have made it more likely that mentally ill petitioners will seek divorces. Yet the question of whether to allow a divorce …

Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza

UIC Law Review

No abstract provided.

Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald

Michigan Journal of Gender & Law

A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.

Moral Foundation Theory And The Law, Colin Prince

Seattle University Law Review

Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations to political leanings. And it is …

The Politics And Psychology Of Gasoline Taxes: An Empirical Study, Shi-Ling Hsu

Scholarly Publications

Economists are beginning to form a consensus that a carbon tax is the most effective and cost-effective way to reduce global greenhouse gas emissions. The insight of economists and other policy analysts is that, in the greenhouse gas context, the design of cap-and-trade programs creates so many opportunities for rent-seeking that they may not be very cost-effective, and may not reduce greenhouse gas emissions at all. Carbon tax proposals are appealing because they are so simple and sensible that rent-seeking would have to be very audacious to succeed.

Carbon tax proposals, however, have divided economists from almost everybody else. In …

How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Power Of Priming In Legal Advocacy: Using The Science Of First Impressions To Persuade The Reader, Kathryn M. Stanchi

Scholarly Works

The contribution of this Article is the synthesis of legal advocacy and the psychological studies of priming. It shows advocates how priming can help them make better strategic decisions in their briefs and gives specific examples of different ways to use priming in persuasive writing. Part I defines the basic concept of priming and gives examples of different ways that priming works. Part II begins the application of the priming studies to law. The focus of Part II is on priming the reader's emotional response through theme and story. It also examines how emotions can impact decision making in unexpected …

Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells

Faculty Publications

In its upcoming term, the Court will decide in Snyder v. Phelps whether Albert Snyder can sue the Reverend Fred Phelps and other members of the Westboro Baptist Church for invasion of privacy and intentional infliction of emotional distress for protesting near his son’s funeral. Those arguing in favor of tort liability claim that the Phelps’ speech during a time of mourning and vulnerability is especially outrageous and injurious and that the First Amendment allows such regulation. Their arguments, however, effectively rely on the offensiveness of the Phelps’ message rather than on any external indicia of harm, such as noisy …

Last Stand? The Criminal Responsibility Of War Veterans Returning From Iraq And Afghanistan With Posttraumatic Stress Disorder, Thomas L. Hafemeister, Nicole A. Stockey

Indiana Law Journal

As more psychologically scarred troops return from combat in Iraq and Afghanistan, society's focus on and concern for these troops and their psychological disorders has increased With this increase and with associated studies confirming the validity of the Posttraumatic Stress Disorder (PTSD) diagnosis and the genuine impact of PTSD on the behavior of war veterans, greater weight may be given to the premise that PTSD is a mental disorder that provides grounds for a "mental status defense, " such as insanity, a lack of mens rea, or self-defense. Although considerable impediments remain, given the current political climate, Iraq and Afghanistan …

Imagination And Choice, Anne Dailey

Faculty Articles and Papers

Contemporary behavioral legal scholarship on individual decisionmaking draws primarily from cognitive psychology. This Article argues that the field of behavioral legal scholarship should be broadened to include modern psychoanalytic ideas about the processes of individual decisionmaking. As explained here, the basic perspective of psychoanalytic psychology is largely compatible with recent cognitive research on decisionmaking. However, a psychoanalytic perspective adds valuable nuance and complexity by exposing for scholarly examination certain essential attributes of individual decisionmaking that have so far been overlooked. As a first step in bringing modern psychoanalytic ideas to the attention of contemporary behavioral legal scholars, this Article examines …

Liberalism's Ambivalence, Anne Dailey

Faculty Articles and Papers

This short comment on Nomi Stolzenberg's symposium paper, Liberalism in Love (28 Quinnipiac L. Rev. 593 (2010)), addresses the enduring conflict between rationalism and romanticism as it manifests itself in law. In psychology, the cognitive/behavioral revolution has brought about a dramatic decline in the prominence of psychoanalytic research and therapy. But I argue that this conquest should be seen more in terms of an ambivalence. In law, rationalist ideas about the self and individual decision making necessarily coexist with more romantic ideas about identity and selfhood. Nomi Stolzenberg's essay moves us to think about law in integrated terms: not defined …

Between Access To Counsel And Access To Justice: A Psychological Perspective, Nourit Zimmerman, Tom R. Tyler

Fordham Urban Law Journal

Looking into the pro se phenomenon, this paper will explore the lessons that can be learned from the experiences of the many individuals representing themselves in the American legal system today. Our interest in this paper will try to understand better the procedural values that matter to people and how they are related to having or not having professional legal representation. Does having a lawyer or not having a lawyer influence the experiences of lay people operating within the legal system, their evaluations of the process and the system, and of the outcomes obtained by them, and in what ways? …

Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski

Psychology Faculty Scholarship

The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …

Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen

Psychology Faculty Scholarship

In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …

Using Mindfulness Practice To Work With Emotions, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen

Faculty Articles and Papers

Public "reason giving" is an essential duty of democracies, said to promote better public decision-making by keeping the government's discretionary powers in check. However, this aim may be compromised if decision-makers cite insincere and misleading justifications as a means of preventing accountability. This Article contributes to rethinking sincerity in legal decision-making by asking both a normative and a descriptive question. The normative question is whether and to what extent should public institutions disclose the reasons for their decisions. The practical question is whether and how the fact that decision-makers have failed to fully disclose their reasons can be established. The …

Mirror Neurons, The New Neuroscience, And The Law: Some Preliminary Observations, 39 Sw. L. Rev. 499 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.