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Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton 2015 Whittier Law School

Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton

Cleveland State Law Review

Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the …


The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum 2015 University at Albany, State University of New York

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …


A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux 2015 University at Albany, State University of New York

A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux

Psychology Faculty Scholarship

The field of psychology and law, including forensic psychology, is an exciting concentration of research activity and student training and has grown rapidly, but to what extent have teaching and training efforts in the field been systematically catalogued and evaluated? We conducted a historical review and content analysis of the American and Canadian literature on the scholarship of teaching and training in the field. This review catalogs (a) information related to the development of training and teaching, (b) descriptions of programs and courses at various levels, and (c) articles on teaching resources or techniques in this field. We hope it …


All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara Gordon 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara Gordon

Scholarly Works

We ask juries to make important decisions that have a profound impact on people’s lives. We leave these decisions in the hands of groups of laypeople because we hope that the diverse range of experiences and knowledge in the group will lead to more thoughtful and informed decisionmaking. Studies suggest that diverse groups of jurors have different perspectives on evidence, engage in more thorough debate, and more closely evaluate facts. At the same time, there are a variety of problems associated with group decisionmaking, from the loss of individual motivation in group settings, to the vulnerability of groups to various …


Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families, Rebecca L. Scharf 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families, Rebecca L. Scharf

Scholarly Works

This Article explores the ways children, many of whom are in foster care, are psychologically harmed by the law’s failure to ensure that the bonds they have with their siblings-of-origin are not permanently broken when one of the siblings is adopted; it therefore proposes ways that courts can better protect children from the psychological harm of having a biological sibling permanently removed from their life. It suggests that what is needed is a framework that allows visitation by biological siblings with whom children have formed attachments without unnecessarily intruding on the fundamental liberty interest of the adoptive parents at issue …


Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Psychology-the science of how people think, feel and behave-has a great deal to teach about a range of core competencies related to working with people and making good decisions. For example, psychologists have conducted extensive research into perception, memory, communication, individual and group decision-making, conflict, goal setting and planning, self-assessment, motivation, "grit," and many other matters that are central to effective lawyering. This research has much to contribute to an understanding of the work of lawyers and can be effectively incorporated into how we teach law students to practice law.


Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold 2015 Scripps College

Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold

Scripps Senior Theses

The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …


Making The Case For A Model Mental Health Advance Directive Statute, Judy Ann Clausen 2015 University of Florida Levin College of Law

Making The Case For A Model Mental Health Advance Directive Statute, Judy Ann Clausen

UF Law Faculty Publications

Acute episodes of mental illness temporarily destroy the capacity required to give informed consent and often prevent people from realizing they are sick, causing them to refuse intervention. Once a person refuses treatment, the only way to obtain care is as an involuntary patient. Even in the midst of acute episodes, many people do not meet commitment criteria because they are not likely to injure themselves or others and are still able to care for their basic needs. Left untreated, the episode will likely spiral out of control. By the time the person finally meets strict commitment criteria, devastation has …


Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients, Judy Ann Clausen 2015 University of Florida Levin College of Law

Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients, Judy Ann Clausen

UF Law Faculty Publications

This Article urges the Florida legislature to give patients the right to form Ulysses arrangements, which are a special type of mental health advance directive authorizing a doctor to administer treatment during a future episode even if the episode causes the patient to refuse treatment. Acute mental illness episodes may disrupt a patient’s capacity to provide informed consent and cause the patient to refuse necessary intervention. In Florida, a physician cannot involuntarily examine, hospitalize, or treat a person unless she meets strict criteria, essentially requiring the person’s behavior to reveal that she is dangerous to herself or others. Even a …


The Psychodynamics Of Sexual Choice, Anne Dailey 2015 University of Connecticut School of Law

The Psychodynamics Of Sexual Choice, Anne Dailey

Faculty Articles and Papers

The right of sexual autonomy now occupies a central place in the scheme of constitutional liberties. Consensual sexual relations, including fornication, adultery, and sodomy, are understood to lie beyond the reach of law 's regulatory power. Yet as described in this Article, some sexual encounters by their very nature are likely to engage unconscious psychological processes that involve troubling levels of vulnerability and coercion. Drawing on psychoanalysis, this Article proceeds by examining three relationships that raise heightened concerns about unconscious impairments in sexual choice. Part I investigates the way in which adult incest may trigger unconscious feelings of submission on …


Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff 2015 University at Albany, State University of New York

Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff

Psychology Faculty Scholarship

We conducted 2 studies to investigate how cultural stereotypes that depict Blacks as criminals affect the way Blacks experience encounters with police officers, expecting that such encounters induce Blacks to feel stereotype threat (i.e., concern about being judged and treated unfairly by police because of the stereotype). In Study 1, we asked Black and White participants to report how they feel when interacting with police officers in general. As predicted, Blacks, but not Whites, reported concern that police officers stereotype them as criminals simply because of their race. In addition, this effect was found for Black men but not Black …


The Effects Of Expert Testimony In Sexual Assault Trials, LillyBelle K. Deer 2015 Claremont McKenna College

The Effects Of Expert Testimony In Sexual Assault Trials, Lillybelle K. Deer

CMC Senior Theses

Recently, expert testimony in sexual assault trials shifted from an emphasis on Rape Trauma Syndrome (RTS) to Posttraumatic Stress Disorder (PTSD) and experts have tied these diagnoses either loosely or tightly to the victim’s condition following sexual assault. In the current study, 326 jury-eligible adults completed a survey on Amazon Mechanical Turk in which they read a synopsis of a sexual assault trial and an expert testimony with either RTS, PTSD or neither; along with either no, loose, or tight links made between the diagnosis and the victim’s condition. There was no main effect of diagnosis label but testimony linkage …


Tmi? Why The Optimal Architecture Of Disclosure Remains Tbd, Ryan Bubb 2015 New York University School of Law

Tmi? Why The Optimal Architecture Of Disclosure Remains Tbd, Ryan Bubb

Michigan Law Review

We are inundated with disclosures in our daily lives. In one of the more evocative passages in their stimulating new book, More Than You Wanted to Know, Omri Ben-Shahar and Carl E. Schneider imagine a day in the life of someone who actually reads all those disclosures (pp. 95–100). During a commercial on the morning news, the protagonist hits pause on the TiVo to catch the fine print that would otherwise fly by. Breakfast is a slog, requiring close reading of the toaster’s ominous label and the disheartening nutrition facts on the butter and jam. More of the same awaits …


Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy 2015 Louisiana State University Law Center

Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy

Journal Articles

Criminal responsibility is almost universally thought to require moral responsibility. Using the psychological theory of "situationism,'" however, I will argue that criminal responsibility can survive-and therefore that defendants can be justly punished-without moral responsibility.


Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham 2015 St. John's University School of Law

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Faculty Publications

Sarah, a new attorney at a public defender’s office, is assigned to the appeals bureau. Ordinarily, Sarah spends her days researching and writing briefs, talking with clients, and brainstorming legal issues with colleagues. Today, however, she opened the mail to find a notice from the court setting a date for her first oral argument. She suffers the first of several anxiety attacks: rapid heart rate, racing thoughts, shortness of breath, sweaty palms, nausea, and feelings of panic and tension. As she reads the form letter, her hands tremble. This is the day she has dreaded. She loves to write and …


Science And The New Rehabilitation, Meghan J. Ryan 2015 Southern Methodist University, Dedman School of Law

Science And The New Rehabilitation, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Rehabilitation’s making a comeback. Long thought to be an outdated approach to punishment, rehabilitation is reemerging in the wake of scientific advances. Not only have these advances in the fields of pharmacology, genetics, and neuroscience brought new rehabilitative possibilities, but the media’s communication of these advances to the general public have set the stage for rehabilitation’s reprise. The media constantly pummels the general public with reports of scientific breakthroughs like functional magnetic resonance imaging, prepping the public to be more accepting of deterministic viewpoints and to be more open to the possibility of transforming individuals. The rehabilitation that is emerging, …


Introductory Remarks: The Convention On The Rights Of Persons With Disabilities And The Treatment Of Institutionalized Forensic Patients, Michael L. Perlin 2015 New York Law School

Introductory Remarks: The Convention On The Rights Of Persons With Disabilities And The Treatment Of Institutionalized Forensic Patients, Michael L. Perlin

Other Publications

No abstract provided.


The Dsm-5: Implications For Health Law, Stacey A. Tovino 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Dsm-5: Implications For Health Law, Stacey A. Tovino

Scholarly Works

In May 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”). Among other changes, the DSM-5 includes new entries for hoarding disorder and premenstrual dysphoric disorder as well as a reclassified entry for gambling disorder. Using these changes as examples, this Article examines the implications of the DSM-5 for key issues in health law, including health insurance coverage, public and private disability benefit eligibility, and disability discrimination protection. As a descriptive matter, this Article illustrates how the addition of new disorders and the reclassification of existing disorders in the DSM-5 …


I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin 2015 New York Law School

I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin

Articles & Chapters

The adoption by the American Psychiatric Association of DSM-5 significantly changes (and in material ways, expands) the definition of post-traumatic stress disorder (PTSD), a change that raises multiple questions that need to be considered carefully by lawyers, mental health professionals, advocates and policy makers.

My thesis is that the expansion of the PTSD criteria in DSM-5 has the potential to make significant changes in legal practice in all aspects of criminal procedure, but none more so than in criminal sentencing. I believe that if courts treat DSM 5 with the same deference with which they have treated earlier versions of …


Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla 2015 Indiana University Maurer School of Law

Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla

Articles by Maurer Faculty

Fairness is a foundational concept in American jurisprudence. Yet when evaluating our system of civil procedure, debate surrounds how to reconcile the competing ends of our civil justice system. While scholars agree that our civil justice system must vindicate rights, deter wrongful conduct, respect human dignity, and enhance social welfare and efficiency, scholars disagree on how best to reconcile these ends. Doubtless, the tension between these plural ends poses difficulty when courts, civil rule designers, and legislators balance and weigh the costs and benefits of different civil procedural rules and constitutional safeguards under the Due Process Clause. Notably, courts face …


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