Law and Psychology Commons^™

The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund

Arbitration Law Review (2009 - Present)

No abstract provided.

I Share, Therefore It's Mine, Donald J. Kochan

University of Richmond Law Review

No abstract provided.

Recurrent Flooding And Social Vulnerability: A Model Ordinance, Sarah Edwards

William & Mary Environmental Law and Policy Review

No abstract provided.

Testation And The Mind, Adam J. Hirsch

Washington and Lee Law Review

This Article explores the panoply of state-of-mind rules in inheritance law. In areas of law concerned with wrongdoing, consideration of mental states achieves specific deterrence and moral justice. By comparison, in the inheritance realm, I argue that consideration of mental states can serve to economize on decision costs. The Article looks at state-of-mind rules through this prism and also analyzes the public policy of these rules from the perspective of modern research into psychology. Finally, the Article examines state-of-mind rules comparatively, identifying inconsistencies between them that require justification. The Article closes by observing potential expansions of the model and applications …

Moral Courage In Indigent Defense, Tigran W. Eldred

Faculty Scholarship

In this essay, I take a different perspective, one that focuses on why people are able to act ethically despite pressures to do otherwise. Social science has convincingly demonstrated that the power of the situation can exert significant influence over individual behavior, thus undermining the claim that only “bad” people engage in unethical conduct.⁴ Yet, we know that there are individual differences to how people respond to ethical dilemmas, which raises a core question: why do some individuals act more ethically than others, even in similar situations?

To explore this question, I focus on a familiar domain from my …

The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber

Pepperdine Dispute Resolution Law Journal

Success in life requires the ability to resist urges and control behavior. This ability is commonly called “willpower,” the capacity to overcome impulses and engage in conscious acts of self-control. Social psychologists believe willpower is a finite resource dependent on physiological bases including glucose (from food and drink), sleep and other forms of rest, and the absence of stress. In short, people who are hungry, exhausted, or highly stressed tend to have less willpower than those who are well-fed, well-rested, and relatively stress-free. In addition, a person who exerts self-control (uses willpower) tends to reduce temporarily the amount of willpower …

Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson

Scholarly Works

This Article uses a law and psychology approach to identify ways to strengthen the administration of justice in the corporate workplace. Essentially, a better understanding of human behavior provides insights that are useful in crafting effective laws and improving the implementation of existing laws. The analysis of perception gaps due to inattentional blindness uncovers an under-theorized factor contributing to an enduring problem. Part I sets out the workforce crisis at the individual, company, national, and international levels and the role of gender inequality in this crisis and the pace of change. Part II discusses perception gaps among demographic groups as …

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Pepperdine Law Review

This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer …

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.

A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux

Psychology Faculty Scholarship

The field of psychology and law, including forensic psychology, is an exciting concentration of research activity and student training and has grown rapidly, but to what extent have teaching and training efforts in the field been systematically catalogued and evaluated? We conducted a historical review and content analysis of the American and Canadian literature on the scholarship of teaching and training in the field. This review catalogs (a) information related to the development of training and teaching, (b) descriptions of programs and courses at various levels, and (c) articles on teaching resources or techniques in this field. We hope it …

Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Psychology-the science of how people think, feel and behave-has a great deal to teach about a range of core competencies related to working with people and making good decisions. For example, psychologists have conducted extensive research into perception, memory, communication, individual and group decision-making, conflict, goal setting and planning, self-assessment, motivation, "grit," and many other matters that are central to effective lawyering. This research has much to contribute to an understanding of the work of lawyers and can be effectively incorporated into how we teach law students to practice law.

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Publications

This Article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies have documented are prevalent among law students and lawyers today.

Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this Article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice, ultimately describing a state that we believe can only be termed "the Zombie Lawyer Apocalypse." …

Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff

Pepperdine Dispute Resolution Law Journal

The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.