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How Folk Beliefs About Free Will Influence Sentencing: A New Target For The Neuro-Determinist Critics Of Criminal Law, Emad H. Atiq 2013 Cornell Law School

How Folk Beliefs About Free Will Influence Sentencing: A New Target For The Neuro-Determinist Critics Of Criminal Law, Emad H. Atiq

Cornell Law Faculty Publications

Do recent results in neuroscience and psychology that portray our choices as predetermined threaten to undermine the assumptions about "free will" that drive criminal law? This article answers in the affirmative, and offers a novel argument for the transformative import of modern science. It also explains why a revision in the law's assumptions is morally desirable. Problematic assumptions about free will have a role to play in criminal law not because they underlie substantive legal doctrine or retributive theory, but because everyday actors in the sentencing process are authorized to make irreducibly moral determinations outside of the ordinary doctrinal framework. …


Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr. 2013 Pepperdine University

Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr.

Pepperdine Law Review

No abstract provided.


Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt 2013 Pepperdine University

Informed Consent And Psychotherapy: Apples And Oranges In The Garden Of Doctrine, Stephen Hjelt

Journal of the National Association of Administrative Law Judiciary

This article explores the development of the doctrine of informed consent, first in medicine and then in the mental health field. It also explores the history of psychotherapy as the primary method of treatment for mental illness and emotional distress. It then analyzes the reasons for the proliferation of new and emerging psychotherapy techniques, even as the doctrine of informed consent became commonplace. This article next proposes a two-fold solution. The first is a newly energized conception of informed consent in the mental health field. The second is the implementation of a regulatory mechanism akin to the Food and Drug …


Deference To Authority As A Basis For Managing Ideological Conflict, Tom Tyler, Margarita Krochick 2013 Chicago-Kent College of Law

Deference To Authority As A Basis For Managing Ideological Conflict, Tom Tyler, Margarita Krochick

Chicago-Kent Law Review

American’s are polarized in their views about a variety of social and economic issues. This raises the question how political and legal institutions can develop policies and practices that will be accepted by all the various sides to a public controversy. One approach is to build legitimacy, since people are generally more willing to defer to legitimate authorities. The results of a study in which people are asked about their willingness to accept decisions made by the Supreme Court or Congress suggests that the process through which institutions make policy decisions shapes deference in ways that are distinct from the …


Cognitive Bias And The Constitution, Dan M. Kahan 2013 Chicago-Kent College of Law

Cognitive Bias And The Constitution, Dan M. Kahan

Chicago-Kent Law Review

This article uses insights from the study of risk perception to remedy a deficit in liberal constitutional theory—and vice versa. The deficit common to both is inattention to cognitive illiberalism—the threat that unconscious biases pose to enforcement of basic principles of liberal neutrality. Liberal constitutional theory can learn to anticipate and control cognitive illiberalism from the study of biases such as the cultural cognition of risk. In exchange, the study of risk perception can learn from constitutional theory that the detrimental impact of such biases is not limited to distorted weighing of costs and benefits; by infusing such determinations with …


Judicial Overstating, Dan Simon, Nicholas Scurich 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 …


Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter 2013 University of Michigan Law School

Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter

Michigan Journal of Race and Law

For the past twelve months, there has been a burgeoning campaign to abolish, or greatly reduce, the use of segregated confinement in prisons. Advocates for the campaign call such classifications "solitary confinement" despite the fact that in some states, like New York, prisoners in these cells are often double-celled. The Michigan Department of Corrections, as well as other prison systems, uses labels such as "segregation," "special management," "special housing," and "observation" for these classifications. Prisoners ordinarily use traditional terms, such as "the hole." In this Essay we will refer to such restrictive classifications as "segregation" or "segregated confinement." Our perspective …


The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden 2013 D.C. Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs

The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden

Michigan Journal of Race and Law

The Federal Bureau of Prisons ("BOP") and the larger U.S. government either purposely ignore the plight of men with serious mental illness in the federal prison system or maliciously act in violation of the law. I have no way of knowing which it is. In a complex system comprising many individual actors, motivations are most likely complex and contradictory. Either way, uncontrovertibly, the BOP and the U.S. government, against overwhelming evidence to the contrary, continuously assert that there are no men with serious mental illnesses housed in the federal supermax prison, the Administrative Maximum facility in Florence, Colorado, also known …


Capacity For Lifetime And Estate Planning, Robert Whitman 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, Jayesh M. Rathod 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, …


Treating A Chronic Case Of Discrimination: The Ninth Circuit's Prescription For Mental Health Patients' Rights In Harlick V. Blue Shield, Megan Lagreca 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.


Parity At A Price: The Emerging Professional Liability Of Mental Health Providers, Thomas L. Hafemeister, Leah G. McLaughlin, Jessica Smith 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 …


Symposium: Child Witness In Sexual Abuse Cases, Roger Williams University School of Law 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, Donald J. Barnett, Ola Barnett 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, Arthur Pearlstein 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, Paul S. Avilla 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, Harlow M. Huckabee 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 , Harlow M. Huckabee 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, Alfred Dennis Mathewson 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, Joseph A. Hamm, Lisa M. PytlikZillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels 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 …


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