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Law and Psychology Commons

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2013

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Articles 1 - 30 of 77

Full-Text Articles in Law and Psychology

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner Dec 2013

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Michigan Journal of Race and Law

Immigration is currently a hot topic; discussion of immigration reform and the problems in our current system appear in the news virtually every day. There is widespread consensus that our current immigration system is “broken,” but there is little agreement on why and even less on what should be done to fix it. These are difficult and important questions, involving many complex interrelated factors. While I do not hope and cannot aim to answer them completely in this Article, I will argue that in doing so we must consider an often overlooked and generally understudied issue: the effects of trauma …


Table Of Contents Nov 2013

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz Nov 2013

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.


Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns Nov 2013

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.


Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins Nov 2013

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.


The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore Nov 2013

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore Nov 2013

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.


Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan Nov 2013

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young Nov 2013

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.


Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber Nov 2013

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.


Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson Nov 2013

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.


Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi Nov 2013

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.


About The Authors Nov 2013

About The Authors

Seattle Journal for Social Justice

No abstract provided.


Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman Nov 2013

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.


Introduction, Jacqueline Mcmurtrie Nov 2013

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.


Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee Nov 2013

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.


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 Oct 2013

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 …


Outsourcing Our Children: The Failure To Treat Mental Illness-In-State, Matthew Herr Oct 2013

Outsourcing Our Children: The Failure To Treat Mental Illness-In-State, Matthew Herr

North Carolina Central Law Review

No abstract provided.


Mental Health Court Practices, Harvard Law School Mississippi Delta Project Sep 2013

Mental Health Court Practices, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

This report aims to assist Hinds County in the development of a mental health court by outlining practices in other courts and the rationales behind them. It pays specific attention to the priorities of the Bureau of Justice Assistance (BJA), so as to facilitate the acquisition of a planning grant from this subsidiary of the Department of Justice. It begins with an overview of the goals, background, and efficacy of mental health courts.


Maggots And Morals: Physical Disgust Is To Fear As Moral Disgust Is To Anger, Spike W. S. Lee, Phoebe C. Ellsworth Sep 2013

Maggots And Morals: Physical Disgust Is To Fear As Moral Disgust Is To Anger, Spike W. S. Lee, Phoebe C. Ellsworth

Book Chapters

No abstract provided.


Testifying Minors: Pre-Trial Strategies To Reduce Anxiety In Child Witnesses, Dawn Hathaway Thoman Sep 2013

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

Nevada Law Journal

No abstract provided.


How Folk Beliefs About Free Will Influence Sentencing: A New Target For The Neuro-Determinist Critics Of Criminal Law, Emad H. Atiq Jul 2013

How Folk Beliefs About Free Will Influence Sentencing: A New Target For The Neuro-Determinist Critics Of Criminal Law, Emad H. Atiq

Cornell Law Faculty Publications

Do recent results in neuroscience and psychology that portray our choices as predetermined threaten to undermine the assumptions about "free will" that drive criminal law? This article answers in the affirmative, and offers a novel argument for the transformative import of modern science. It also explains why a revision in the law's assumptions is morally desirable. Problematic assumptions about free will have a role to play in criminal law not because they underlie substantive legal doctrine or retributive theory, but because everyday actors in the sentencing process are authorized to make irreducibly moral determinations outside of the ordinary doctrinal framework. …


Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr. May 2013

Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr.

Pepperdine Law Review

No abstract provided.


Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt Apr 2013

Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt

Journal of the National Association of Administrative Law Judiciary

This article explores the development of the doctrine of informed consent, first in medicine and then in the mental health field. It also explores the history of psychotherapy as the primary method of treatment for mental illness and emotional distress. It then analyzes the reasons for the proliferation of new and emerging psychotherapy techniques, even as the doctrine of informed consent became commonplace. This article next proposes a two-fold solution. The first is a newly energized conception of informed consent in the mental health field. The second is the implementation of a regulatory mechanism akin to the Food and Drug …


Deference To Authority As A Basis For Managing Ideological Conflict, Tom Tyler, Margarita Krochick Apr 2013

Deference To Authority As A Basis For Managing Ideological Conflict, Tom Tyler, Margarita Krochick

Chicago-Kent Law Review

American’s are polarized in their views about a variety of social and economic issues. This raises the question how political and legal institutions can develop policies and practices that will be accepted by all the various sides to a public controversy. One approach is to build legitimacy, since people are generally more willing to defer to legitimate authorities. The results of a study in which people are asked about their willingness to accept decisions made by the Supreme Court or Congress suggests that the process through which institutions make policy decisions shapes deference in ways that are distinct from the …


Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter Apr 2013

Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter

Michigan Journal of Race and Law

For the past twelve months, there has been a burgeoning campaign to abolish, or greatly reduce, the use of segregated confinement in prisons. Advocates for the campaign call such classifications "solitary confinement" despite the fact that in some states, like New York, prisoners in these cells are often double-celled. The Michigan Department of Corrections, as well as other prison systems, uses labels such as "segregation," "special management," "special housing," and "observation" for these classifications. Prisoners ordinarily use traditional terms, such as "the hole." In this Essay we will refer to such restrictive classifications as "segregation" or "segregated confinement." Our perspective …


The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden Apr 2013

The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden

Michigan Journal of Race and Law

The Federal Bureau of Prisons ("BOP") and the larger U.S. government either purposely ignore the plight of men with serious mental illness in the federal prison system or maliciously act in violation of the law. I have no way of knowing which it is. In a complex system comprising many individual actors, motivations are most likely complex and contradictory. Either way, uncontrovertibly, the BOP and the U.S. government, against overwhelming evidence to the contrary, continuously assert that there are no men with serious mental illnesses housed in the federal supermax prison, the Administrative Maximum facility in Florence, Colorado, also known …


Cognitive Bias And The Constitution, Dan M. Kahan Apr 2013

Cognitive Bias And The Constitution, Dan M. Kahan

Chicago-Kent Law Review

This article uses insights from the study of risk perception to remedy a deficit in liberal constitutional theory—and vice versa. The deficit common to both is inattention to cognitive illiberalism—the threat that unconscious biases pose to enforcement of basic principles of liberal neutrality. Liberal constitutional theory can learn to anticipate and control cognitive illiberalism from the study of biases such as the cultural cognition of risk. In exchange, the study of risk perception can learn from constitutional theory that the detrimental impact of such biases is not limited to distorted weighing of costs and benefits; by infusing such determinations with …


Judicial Overstating, Dan Simon, Nicholas Scurich Apr 2013

Judicial Overstating, Dan Simon, Nicholas Scurich

Chicago-Kent Law Review

Ostensibly, we are all Legal Realists now. No longer do legal theorists maintain that judicial decision making fits the mechanical and formalist characterizations of yesteryear. Yet, the predominant style of American appellate court opinions seems to adhere to that improbable mode of adjudication: habitually, opinions provide excessively large sets of syllogistic reasons and portray the chosen decision as certain, singularly correct, and as determined inevitably by the legal materials. This article examines two possible explanations for this rhetorical style of Judicial Overstatement. First, we review the psychological research that suggests that judicial overstatement is a product of the cognitive processes …