Panel Discussion: Ethnographic Evidence,
2018
Northwestern Pritzker School of Law
Panel Discussion: Ethnographic Evidence
Northwestern Journal of Law & Social Policy
No abstract provided.
Duty And Disobedience: The Conflict Of
Conscience And Compliance In The Trump Era,
2018
Pepperdine University
Duty And Disobedience: The Conflict Of Conscience And Compliance In The Trump Era, Keith A. Petty
Pepperdine Law Review
In the first weeks of President Trump’s administration, the Acting Attorney General was fired for ordering the Justice Department not to enforce a controversial Executive Order on immigration. Police departments and corporate boardrooms prepare for deregulation and less oversight, opening the door to more aggressive police tactics and profit seeking, respectively. Military leaders wonder whether they will be ordered to torture suspected terrorists. In each of these situations, individuals must decide whether they will follow their conscience and disobey superiors, or comply with organizational and state policies. This article examines the conflict between conscience and compliance, and draws upon lessons …
Fear-Based Provocation,
2018
Washington and Lee University School of Law
Fear-Based Provocation, Michal Buchhandler-Raphael
Scholarly Articles
This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence threatened …
The Paralysis Paradox And The Untapped Role Of Science In Solving “Big” “Environmental Problems,
2018
University of Denver
The Paralysis Paradox And The Untapped Role Of Science In Solving “Big” “Environmental Problems, Jan G. Laitos, Christopher Ainscough
Sturm College of Law: Faculty Scholarship
Part I considers the daunting scope and extent of the environmental problem addressed by the article. The “problem” consists of an enormous number of abandoned mines and AMLs in the West, affecting numerous rivers and watersheds, where the cost of mine cleanup seems astronomical, and the source of the money to pay for the cleanup elusive. In Part I, probability theory is used to assess the true scope of the AML problem, by estimating the impacts and risks to people and their environment. Part II addresses the state of current law as it applies to abandoned hardrock mines. A review …
Fear-Based Provocation,
2018
Washington and Lee University School of Law
Fear-Based Provocation, Michal Buchhandler-Raphael
American University Law Review
No abstract provided.
Crafting Next Generation Eco-Label Policy,
2018
Elisabeth Haub School of Law at Pace University
Crafting Next Generation Eco-Label Policy, Jason J. Czarnezki, Katrina F. Kuh
Elisabeth Haub School of Law Faculty Publications
Eco-labels present a promising policy tool in the effort to achieve sustainable consumption. Many questions remain, however, about the extent to which eco-labels can contribute to sustainability efforts and how to maximize their effectiveness. This Article deploys research from evolutionary psychology, behavioral law and economics, and norm theory to offer specific insights for the design and implementation of eco-labels to enhance their influence on sustainable consumer choice. Notably, this research suggests possibilities for eco-labels to shape or expand consumer preferences for green goods, and thereby enhance eco-label influence on consumer behavior by extending it beyond eco-minded consumers. We suggest that …
Deliberative Public Engagement With Science: An Empirical Investigation,
2018
University of Nebraska
Deliberative Public Engagement With Science: An Empirical Investigation, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Frank J. Gonzalez, Alan Tomkins
Lisa PytlikZillig Publications
The purpose of this book is to share some results and the data from four studies in which we used experimental procedures to manipulate key features of deliberative public engagement to study the impacts in the context of deliberations about nanotechnology. In this chapter, we discuss the purpose of this book, which is to advance science of public engagement, and the overarching question motivating our research: What public engagement methods work for what purposes and why? We also briefly review existing prior work related to our overarching goal and question and introduce the contents of the rest of the book. …
Criminal Juries In The 21st Century: A Case-Study Introduction To Contemporary Issues,
2018
University of Evansville
Criminal Juries In The 21st Century: A Case-Study Introduction To Contemporary Issues, Margaret C. Stevenson, Cynthia J. Najdowski
Psychology Faculty Scholarship
In this introductory chapter, we provide an overview of the goals of the present volume and a preview of the individual chapters herein. Specifically, we review research on various understudied and cutting-edge topics related to the intersection of psychological research and criminal jury decision making. This research is placed in the real-world context by relating it to actual criminal cases that exemplify each topic addressed in the volume. A common theme reflected throughout the chapter is an emphasis on understanding how current issues related to societal attitudinal shifts, technological advances, and juror experiences affect the structure, function, and performance of …
Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience,
2018
University of Miami School of Law
Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha
Articles
No abstract provided.
Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts,
2018
New York Law School
Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin
Articles & Chapters
This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …
Book Review: Surrogacy: A Human Rights Violation By Renate Klein,
2018
Dare To Tell
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Childhood Adverse Events And Adult Physical And Mental Health: A National Study,
2018
University of Richmond - School of Law
Childhood Adverse Events And Adult Physical And Mental Health: A National Study, Lauren E. Clatch
Law Faculty Publications
Prior research has established the negative effects of childhood adverse events on adult health. Despite this, few researchers have accounted for the impact of potentially confounding factors, including adulthood adverse events. The current study used data obtained from a uniquely generalizable sample (N = 34,653) to investigate the predictive effects of reported experience of any childhood adverse event, count of childhood adverse event types, and severity of childhood adverse events on quality of adult physical and mental health. A hierarchical linear regression analysis indicated that, for adult physical health, there was a significant main effect for experience of adulthood adverse …
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel,
2018
The University of Kent
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response,
2018
Fordham University School of Law
Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response, Praatika Prasad
Fordham Law Review
Racial bias has evolved from the explicit racism of the Jim Crow era to amore subtle and difficult-to-detect form: implicit racial bias. Implicit racial biases exist unconsciously and include negative racial stereotypes andassociations. Everyone, including actors in the criminal justice system who believe themselves to be fair, possess these biases. Although inaccessible through introspection, implicit biases can easily be triggered through language. When trials involve Black defendants, prosecutors’ summations increasingly include racial themes that could trigger jurors’ implicit biases, lead to the perpetuation of unfair stereotypes, and contribute to racial injustice and disparate outcomes. This Note examines and critiques the …
An Overview Of Psychology And Law And Forensic Psychology In Australia,
2018
Edith Cowan University
An Overview Of Psychology And Law And Forensic Psychology In Australia, Alfred Allan, Anthony D. Cole, Donald M. Thomson, Cate L. Parry
Research outputs 2014 to 2021
Psychology’s roots in Australia go back to 1881, but the first documented evidence of psychology-and-law (psycholegal) research and psychologists working in court and correctional settings only emerged in 1949. The activities of psycholegal researchers and psychologists providing services to the correction, investigative and justice systems are not well-documented. Our aim in this paper is to start recording the histories of these people and the development of the psycholegal and forensic psychology fields. We do this primarily by examining publications and conference papers and recording our and other people’s personal recollections. We specifically record psychologists’ interaction with lawyers, their concerns about …
Boost: Improving Mindfulness, Thinking, And Diversity,
2018
University of Colorado Law School
Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang
Publications
Many important decisions can be difficult; require focused, cognitive attention; produce delayed, noisy feedback; benefit from careful and clear thinking; and quite often trigger anxiety, stress, and other strong, negative emotions. Much empirical, experimental, and field research finds that we often make decisions leading to outcomes we judge as suboptimal. These studies have contributed to the popularity of the idea of nudging people to achieve better outcomes by changing how choices and information are framed and presented (also known as choice architecture and information architecture). Although choice architecture and information architecture can nudge people into better outcomes, choice architecture and …
Deterrence,
2018
University of Houston Law Center
Adventures In Higher Education, Happiness, And Mindfulness,
2018
University of Colorado Law School
Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang
Publications
This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach …
The Strength Of Digital Ties: Virtual Networks, Norm-Generating Communities, And Collective Action Problems,
2018
Albany Law School
The Strength Of Digital Ties: Virtual Networks, Norm-Generating Communities, And Collective Action Problems, Raymond H. Brescia
Dickinson Law Review (2017-Present)
To live in a nomos—a norm-generating community—is to understand the norms that are expected of us; to honor our credible commitments to other members of the community; and to share the values, the goals, and even the myths, histories, and stories of the community. For millennia, humans have used narratives, or stories, to communicate norms and values designed to spur the communities they inhabit to solve collective action problems by encouraging their members to trust and to be trust- worthy. To do so, we have used a range of tools, media, and set- tings for those communications, from oral …
Volk V. Demeerleer Study,
2018
University of Washington School of Law
Volk V. Demeerleer Study, Patricia C. Kuszler, Terry J. Price, University Of Washington School Of Law, Center For Law, Science And Global Health
Center for Law in Science & Global Health
The University of Washington School of Law Center for Law, Science and Global Health was asked to “convene a study on the Washington State Supreme Court decision Volk v. DeMeerleer, 386 P.3d 254 (Wash. 2016).” The Volk case elaborated on the duty of mental health providers to protect foreseeable victims of a dangerous patient. The goal of the study was to evaluate whether or not this case “substantially changed the law [in Washington] on the duty of care owed to third parties by mental health providers and whether it has had an impact on access to mental health services …
