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Articles 1 - 3 of 3
Full-Text Articles in Social Psychology
Legal Responses To Nonconsensual Pornography: Current Policy In The United States And Future Directions For Research, Cynthia J. Najdowski
Legal Responses To Nonconsensual Pornography: Current Policy In The United States And Future Directions For Research, Cynthia J. Najdowski
Psychology Faculty Scholarship
Technological advances have created new avenues for the perpetration of sexual violence. The widespread availability of cameras has made it easier to take covert recordings of an individual’s intimate body parts, and whether sexually explicit images are recorded with or without an individual’s consent, growing access to the Internet has facilitated the nonconsensual dissemination of those images. Yet criminal laws have not kept pace with technology in most jurisdictions across the United States, and victims of nonconsensual pornography typically have no avenue by which to seek justice. There have been efforts to reform laws in a variety of jurisdictions, some …
Contract Consideration And Behavior, David A. Hoffman, Zev. J. Eigen
Contract Consideration And Behavior, David A. Hoffman, Zev. J. Eigen
All Faculty Scholarship
Contract recitals are ubiquitous. Yet, we have a thin understanding of how individuals behave with respect to these doctrinally important relics. Most jurists follow Lon Fuller in concluding that when read, contract recitals accomplish their purpose: to caution against inconsiderate contractual obligation. Notwithstanding the foundational role that this assumption has played in doctrinal and theoretical debates, it has not been tested. This Article offers what we believe to be the first experimental evidence of the effects of formal recitals of contract obligation — and, importantly too, disclaimers of contractual obligation — on individual behavior. In a series of online experiments, …
The Perverse Consequences Of Disclosing Standard Terms, Tess Wilkinson-Ryan
The Perverse Consequences Of Disclosing Standard Terms, Tess Wilkinson-Ryan
All Faculty Scholarship
Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are at best potentially helpful, and at worst harmless. This Article makes the empirical case that unread terms are not a neutral part of American commerce; instead, the mere fact of fine print inhibits reasonable challenges to unfair deals. The experimental study reported here tests the …