Topic
Law and Psychology
Posts
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ArticleVol. 97 · Iss. 4
The Law of Emerging Adults
Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two…
Clare Ryan -
CommentaryVol. 97 · Iss. 2
Exploiting Pre-Existing Beliefs
Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them…
Ahmed E. Taha -
ArticleVol. 98 · Iss. 6
My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
Fiduciary duties in the vicinity of insolvency form a notoriously murky area where legal space warps. Courts openly acknowledge that it is difficult to identify its…
Amir N. Licht -
ArticleVol. 98 · Iss. 5
Drugs, Patents, and Well-Being
The ultimate end of patent law should be to spur innovations that improve human welfare—innovations that make people better off. But firms will only invest resources…
Christopher Buccafuso & Jonathan Masur -
ArticleVol. 98 · Iss. 2
Copyright and the Brain
This Article explores the intersection of copyright law, aesthetic theory, and neuroscience. The current test for copyright infringement requires a court or jury to…
Mark Bartholomew -
ArticleVol. 98 · Iss. 2
Freedom of the Press in Post-Truthism America
Freedom of the press in America is at a critical crossroads in a number of ways, but one way stands out as most fundamental:…
RonNell Andersen Jones & Lisa Grow Sun -
NoteVol. 90 · Iss. 6
When the Facts and the Law Are Against You, Argue the Genes?: A Pragmatic Analysis of Genotyping Mitigation Defenses for Psychopathic Defendants in Death Penalty Cases
The penalty phase in a capital case represents the most challenging, yet important part of the trial. Once a trial progresses to this stage,…
Brett Walker -
ArticleVol. 90 · Iss. 3
Disaggregating
This Article explores a central theme that ties together rationales to exit aggregation of tort claims: disaggregating helps to protect litigants’ substantive rights and…
Elizabeth Chamblee Burch -
ArticleVol. 98 · Iss. 1
The Court and the Suspect: Human Frailty, the Calculating Criminal, and the Penitent in the Interrogation Room
With each new Supreme Court opinion, Miranda v. Arizona increasingly resembles an aging film star, making a major splash when first coming onto the…
Scott E. Sundby -
ArticleVol. 98 · Iss. 1
Payday
Legislation lags behind technology all too often. While trillions of dollars are exchanged in online transactions—safely, cheaply, and instantaneously—workers still must wait two weeks…
Yonathan A. Arbel -
ArticleVol. 98 · Iss. 1
Compassionate Homicide
Ample psychological studies demonstrate that emotions provide reasons for action and are powerful drivers of a host of behaviors, including criminal acts. Studies further…
Michal Buchhandler-Raphael -
CommentaryVol. 89 · Iss. 6
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal…
Christopher Slobogin