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Social and Behavioral Sciences Commons™
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- Behavioral economics (1)
- Characteristics of the breacher and the breach (1)
- Characteristics of the non-breaching party (1)
- Cognitive bias (1)
- Competing norms (1)
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- Consequences of breach (1)
- Contracts (1)
- Copyright infringement (1)
- Criminal law (1)
- Deterrence and incapacitation (1)
- Empirical studies (1)
- Forensic psychiatry (1)
- Judges (1)
- Judicial discretion (1)
- Justifications for blame and punishment (1)
- Moral/financial tradeoffs (1)
- Nonpaternalistic and paternalistic rehabilitation (1)
- Preference endogeneity (1)
- Promises (1)
- Psychology (1)
- Rational self-interest v. moral duty (1)
- Remorse and forensic practice (1)
- Restitution (1)
- Retribution (1)
- Sentencing (1)
- Substantial similarity (1)
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Demand For Breach, Tess Wilkinson-Ryan
Demand For Breach, Tess Wilkinson-Ryan
All Faculty Scholarship
These studies elicit behavioral evidence for how people weigh monetary and non-monetary incentives in efficient breach. Study 1 is an experimental game designed to capture the salient features of the efficient breach decision. Subjects in a behavioral lab were offered different amounts of money to break the deal they had made with a partner. 18.6% of participants indicated willingness to break a deal for any amount of profit, 27.9% were unwilling to breach for the highest payout, and the remaining subjects identified a break-point in between. Study 2 is an online questionnaire asking subjects to take the perspectives of buyers …
Commentary: Reflections On Remorse, Stephen J. Morse
Commentary: Reflections On Remorse, Stephen J. Morse
All Faculty Scholarship
This commentary on Zhong et al. begins by addressing the definition of remorse. It then primarily focuses on the relation between remorse and various justifications for punishment commonly accepted in Anglo-American jurisprudence and suggests that remorse cannot be used in a principled way in sentencing. It examines whether forensic psychiatrists have special expertise in evaluating remorse and concludes that they do not. The final section is a pessimistic meditation on sentencing disparities, which is a striking finding of Zhong et al.
Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson-Ryan
Judging Similarity, Shyamkrishna Balganesh, Irina D. Manta, Tess Wilkinson-Ryan
All Faculty Scholarship
Copyright law’s requirement of substantial similarity requires a court to satisfy itself that a defendant’s copying, even when shown to exist as a factual matter, is quantitatively and qualitatively enough to render it actionable as infringement. By the time a jury reaches the question of substantial similarity, however, the court has usually heard and analyzed a good deal of evidence: about the plaintiff, the defendant, the creativity involved, the process through which the work was created, the reasons for which the work was produced, the defendant’s own creative efforts and behavior, and on occasion the market effects of the defendant’s …