Judicial Overstating,
2013
Chicago-Kent College of Law
Judicial Overstating, Dan Simon, Nicholas Scurich
Chicago-Kent Law Review
Ostensibly, we are all Legal Realists now. No longer do legal theorists maintain that judicial decision making fits the mechanical and formalist characterizations of yesteryear. Yet, the predominant style of American appellate court opinions seems to adhere to that improbable mode of adjudication: habitually, opinions provide excessively large sets of syllogistic reasons and portray the chosen decision as certain, singularly correct, and as determined inevitably by the legal materials. This article examines two possible explanations for this rhetorical style of Judicial Overstatement. First, we review the psychological research that suggests that judicial overstatement is a product of the cognitive processes …
Capacity For Lifetime And Estate Planning,
2013
University of Connecticut School of Law
Capacity For Lifetime And Estate Planning, Robert Whitman
Faculty Articles and Papers
No abstract provided.
The Transformative Potential Of Attorney Bilingualism,
2013
American University Washington College of Law
The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod
University of Michigan Journal of Law Reform
In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …
Parity At A Price: The Emerging Professional Liability Of Mental Health Providers,
2013
University of San Diego
Parity At A Price: The Emerging Professional Liability Of Mental Health Providers, Thomas L. Hafemeister, Leah G. Mclaughlin, Jessica Smith
San Diego Law Review
This Article considers the issues associated with emerging professional liability claims against mental health care providers. Part II supplies background information regarding this liability, including the elements of these claims. Part III details the decreasing stigma associated with obtaining mental health services and its impact on professional liability, while Part IV summarizes advancements in mental health treatment that have enhanced the functional capacities of potential litigants. The remaining Parts explore changes in the delivery of mental health care where litigation may be focused, including the increasing use of psychotropic medications (Part V), the expanding role of primary care physicians and …
Treating A Chronic Case Of Discrimination: The Ninth Circuit's Prescription For Mental Health Patients' Rights In Harlick V. Blue Shield,
2013
Villanova University Charles Widger School of Law
Treating A Chronic Case Of Discrimination: The Ninth Circuit's Prescription For Mental Health Patients' Rights In Harlick V. Blue Shield, Megan Lagreca
Villanova Law Review (1956 - )
No abstract provided.
Symposium: Child Witness In Sexual Abuse Cases,
2013
Roger Williams University
Symposium: Child Witness In Sexual Abuse Cases, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Enacting Legislation To Identify And Treat Children With Conduct Disorders,
2013
Pepperdine University
Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett
Pepperdine Law Review
The identification of conduct disordered children, that is, those children who are susceptible to becoming delinquent, is the first necessary step that must be undertaken if society's efforts to control a spiraling crime rate are to be successful. It is the authors' underlying premise that since the traditional approaches to rehabilitation have proven ineffective, it is incumbent upon the various state legislatures to become receptive to new methods and programs designed to prevent delinquency. The distinguishing feature of these alternatives would be early intervention and treatment. Admittedly, the authors note, many of these programs are experimental and based on the …
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr,
2013
Pepperdine University
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pepperdine Dispute Resolution Law Journal
The article presents information on the study of happiness with respect to the conflict resolution and the goals of Alternative Dispute Resolution. The study of happiness with its disciplines and methodologies falls under the field of psychology. Information on the role of the American Psychological Association of the U.S. on the study and science of happiness that consists of the findings on the subject of medicine, economics, neuroscience and philosophy is also presented.
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States,
2013
Pepperdine University
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Pepperdine Law Review
At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …
Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route,
2013
Pepperdine University
Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route, Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense ,
2013
Pepperdine University
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Decisional Integrity And The Business Judgment Rule: A Theory,
2013
Pepperdine University
Decisional Integrity And The Business Judgment Rule: A Theory, Alfred Dennis Mathewson
Pepperdine Law Review
No abstract provided.
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency,
2013
University of Nebraska-Lincoln
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs,
2013
Valparaiso University School of Law
All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart
Law Faculty Publications
No abstract provided.
The Catch-22 Of Ada Title I Remedies For Psychiatric
Disabilities,
2013
Pacific McGeorge School of Law
The Catch-22 Of Ada Title I Remedies For Psychiatric Disabilities, Andrew Hsieh
McGeorge Law Review
No abstract provided.
Chapter 835: “Gay Conversion Therapy” Ban: Protecting Children Or Infringing Rights?,
2013
Pacific McGeorge School of Law
Chapter 835: “Gay Conversion Therapy” Ban: Protecting Children Or Infringing Rights?, Nick Clair
McGeorge Law Review
No abstract provided.
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013),
2013
UIC School of Law
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein
UIC Law Review
No abstract provided.
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence,
2013
University of Colorado Law School
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey
Michigan Journal of Gender & Law
This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to …
Military Veterans, Culpability, And Blame,
2013
Fordham University School of Law
Military Veterans, Culpability, And Blame, Youngjae Lee
Faculty Scholarship
Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are …
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior,
2013
University at Albany, State University of New York
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Psychology Faculty Scholarship
Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …
