Law and Psychology Commons^™

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.

Foresight Bias In Patent Law, Sean B. Seymore

Notre Dame Law Review

Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is often ignored in discussions about raising patentability standards is that high-quality inventions can slip through the cracks. What is more troubling is that sometimes this happens because of bias. This Article draws attention to foresight bias, which occurs when a decision-maker lets over-pessimism and an oversimplified view of the future influence the patentability determination. Foresight bias leads to a patent denial regardless of the …

Excuses In Exile, Anders Kaye

University of Michigan Journal of Law Reform

Suppose that I have intentionally killed another person and that I have done so without any justification. At first glance, it appears that I am guilty of murder, a very serious crime. Since I am guilty of this very serious crime, the state may inflict a very serious punishment on me—at least many years in prison, if not my whole life or the death penalty. But suppose that one of the following is also true in my case: (A) At the time that I killed my victim, I suffered from a mental disease and, as a result, lacked the substantial …

Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell

Law Faculty Scholarship

With computers, text messages, Facebook, cell phones, smartphones, tablets, iPods, and other information and communication technologies (“ICTs”) constantly competing for our attention, we live in an age of perpetual distraction. Educators have long speculated that constant exposure to ICTs is eroding our ability to stay focused, and recent research supports these speculations. This raises particularly troubling implications for the practice of law, in which being able to pay sustained attention to the task at hand is crucial.

Research also indicates that the brains of today’s young people, the “Digital Generation,” may function differently than the brains of their elders because …

"And If Your Friends Jumped Off A Bridge, Would You Do It Too?": How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents, Michael N. Tennison, Amanda C. Pustilnik

Faculty Scholarship

Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum from categorical prohibitions of certain behaviors to recognitions of total adolescent autonomy. The piecemeal approach to the limited decision-making capacity of adolescents lacks an empirical foundation in the differences between adolescent and adult decision-making, leading to counterintuitive and inconsistent legal outcomes. The law limits adolescent autonomy with respect to some decisions that adolescents are perfectly competent to make, and in other areas, the law attributes adult responsibility and imposes adult punishments on adolescents for making decisions that implicate their unique volitional vulnerabilities. As developmental neuroscientists …

The Cure For The Distracted Mind: Why Law Schools Should Teach Mindfulness, Shailini Jandial George

Duquesne Law Review

No abstract provided.

Information Technology, Social Networking, And Controlling Behaviors Among Adolescent Girls Involved In Dating Violence, Meredith C. Joppa, Christie J. Rizzo, Jessica Johnson

Title IX Research and Resources

Hypothesis: Girls with dating violence (DV) histories will report high levels of involvement in social networking and information technology (SNIT) as well as frequent engagement in controlling behaviors via SNIT.

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …

The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski

Psychology Faculty Scholarship

Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …

Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015), Erica Beecher-Monas, Edgar Garcia-Rill

UIC Law Review

No abstract provided.

The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich

UIC Law Review

No abstract provided.

Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.