Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors,
2020
Texas A&M University School of Law
Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres
Faculty Scholarship
No abstract provided.
Beyond Unreasonable,
2020
Washington University in St. Louis School of Law
Beyond Unreasonable, John D. Inazu
Scholarship@WashULaw
The concept of “reasonableness” permeates the law: the “reasonable person” determines the outcome of torts and contracts disputes, the criminal burden of proof requires factfinders to reach conclusions “beyond a reasonable doubt,” and claims of self-defense succeed or fail on reasonableness determinations. But as any first-year law student can attest, the line between reasonable and unreasonable is not always clear. Nor is that the only ambiguity. In the realm of the unreasonable, many of us intuit that some actions are not only unreasonable but beyond the pale—we might say they are beyond unreasonable. Playing football, summiting Nanga Parbat, and attempting …
The Fog Of Blackacre: Exploring Depression, Anxiety, And Stress Of The American Law Student,
2020
Northern Illinois University
The Fog Of Blackacre: Exploring Depression, Anxiety, And Stress Of The American Law Student, Amanda Carey
Graduate Research Theses & Dissertations
This dissertation examines the relationship between depression, anxiety, and stress among first-year law students and the U.S. News and World Report rankings. Surveys using the DASS–21, DREEM questionnaire, Satisfaction with Life scale and qualitative questions were administered to first-year law students at 44 randomly selected law schools across the United States. In the largest modern mental health study to date, responses totaled 5% of the first-year law student population. Results showed no significant relationship between depression, anxiety, and stress of first-year law students and the U.S. News and World Report rankings. Substantial depression, anxiety, and stress of first-year law students …
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention,
2020
Loyola Marymount University and Loyola Law School
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Loyola of Los Angeles International and Comparative Law Review
Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period,
2020
Loyola Marymount University and Loyola Law School
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts
Loyola of Los Angeles International and Comparative Law Review
This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …
Neuroscience And Mental Competency: Current Uses And Future Potential,
2020
University of Georgia School of Law
Neuroscience And Mental Competency: Current Uses And Future Potential, John B. Meixner Jr.
Scholarly Works
One major conundrum in the field of law and neuroscience is that the mental states that are most relevant to legal determinations are often mental states that occurred in the past, and can longer be assessed. Could the defendant, at the time he committed the crime, have had the cognitive capacity to satisfy the required mens rea for the crime charged? Was an individual's tortious conduct intentional or inadvertent? Even if the field of neuroscience eventually gains the ability to provide data relevant to understanding of immediate mental states, those data will be unavailable to legal actors by the time …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents,
2019
University at Albany, State University of New York
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Psychology Faculty Scholarship
Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …
Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule,
2019
Loyola Marymount University and Loyola Law School
Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale
Loyola of Los Angeles Law Review
In 2018, the California legislature passed S.B. 1437 to narrow California’s felony murder rule and theoretically apply the rule only to those with the greatest culpability in a murder. However, whether intentionally or negligently, the law leaves room to disproportionally and unjustly affect adolescents by charging those with “reckless indifference” with first-degree murder. Imbedded in psychology and neuroscience research is the conclusion that adolescent brain structure and function are still rapidly developing. As a result, adolescents are less able to weigh the risks of their actions, resist peer pressure, regulate their emotions, and control their impulses. Therefore, this Note argues …
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent,
2019
Osgoode Hall Law School of York University
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Articles & Book Chapters
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and …
Critical Reviews Of Flawed Research On Prostitution,
2019
University of Rhode Island
Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Noisy "Silent Witness": The Misperception And Misuse Of Criminal Video Evidence,
2019
Indiana University, Maurer School of Law
The Noisy "Silent Witness": The Misperception And Misuse Of Criminal Video Evidence, Aaron M. Williams
Indiana Law Journal
This Note examines recent developments in the research of situational video evidence biases. Part I examines the current and growing body of psychological research into the various situational biases that can affect the reliability of video evidence and the gaps in this research that require further attention from researchers and legal academics. Because these biases do not “operate in a vacuum,” Part I also examines some of the recent and exciting research into the interaction between situational and dispositional biases. Part II examines the development of camera and video processing technology and its limitations as a means of mitigating such …
Big Data And Bounded Ethicality,
2019
Bar-Ilan University Law School
Big Data And Bounded Ethicality, Yuval Feldman, Yotam Kaplan
Cornell Journal of Law and Public Policy
Wrongdoing is ubiquitous. Media outlets constantly report an endless stream of deleterious human behavior, from sexual harassment and fraud in financial markets to corporate and political corruption. Recent developments in behavioral ethics research suggest that these ills will forever accompany human interaction due to the phenomenon of "bounded ethicality," or people's limited ability to conduct an objective and candid moral examination of their own actions. When evaluating the ethical implications of their behavior, individuals have been shown to be biased and to systematically underestimate or ignore the magnitude and effect of their own misconduct. Such findings have troubling implications from …
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy,
2019
Mercer University
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
The Scholar: St. Mary's Law Review on Race and Social Justice
When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …
Texas, The Death Penalty, And Intellectual Disability,
2019
St. Mary's University School of Law
Texas, The Death Penalty, And Intellectual Disability, Megan Green
St. Mary's Law Journal
Abstract forthcoming
Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma,
2019
Elisabeth Haub School of Law at Pace University
Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The idea that mental states cause actions is a basic premise of criminal law. Blame and responsibility presuppose that criminal acts are products of the defendant's mind. Yet, the assumption that mental causation exists is at odds with physicalism, the widely shared worldview that “everything is physical.” Outside of law, there is probably no field of secular study in which one can seriously assert that unseen nonmaterial forces can cause physical events. But if physicalism is true then a fundamental premise of modern criminal justice must be false, namely, that criminals deserve punishment because their crimes are the products of …
Analysis Of Lafadz Ta'liq Talak In Islamic Law Perspective And Civil Law Of Marriage/Compilation Of Islamic Law,
2019
Islamic College (STAI) Al-Azhar Pekanbaru
Analysis Of Lafadz Ta'liq Talak In Islamic Law Perspective And Civil Law Of Marriage/Compilation Of Islamic Law, Nurhadi -
Jurnal Hukum & Pembangunan
Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion …
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Case Of The Exemption Claimants: Religion, Conscience, And Identity,
2019
Brigham Young University Law School
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
BYU Law Review
No abstract provided.
