Journals

Contextualism, Feminism, and a Canadian Woman Judge

Abstract  Feminist legal scholars have never cut the first woman appointed to the Supreme Court of Canada as much slack as the second.
Yet the first, Justice Bertha Wilson, introduced the contextual method into the Court’s jurisprudence. [...]

The Interface Between Freedom and Agency

INTRODUCTION Few people have read or watched the film adaptation of The Diving Bell and the Butterfly without proclaiming it a triumph of the human will. Jean-Dominique Bauby authored the memoir after suffering from a major stroke that left [...]



Books Received in 2008

Books Received in 2008

  • Content Type Journal Article
  • DOI 10.1007/s10691-009-9106-9
  • Authors
    • Simone Wong, University of Kent Kent Law School, Eliot College CT 7NS Canterbury UK

Through A Scanner Darkly:Using functional brain imaging as evidence of a criminal defendant’s past mental state

Teneille Brown and Emily Murphy, the Symposium’s first speakers, will be presenting their arguments against using neuroscientific evidence in courts. Panelists Michael Saks and David Faigman will be commenting. See below to read the abstract. — In this paper [...]

Should I help my neighbor? Self-interest, altruism and economic analyses of rescue laws

Abstract  This article shows that the economic analyses of rescue laws developed in the ‘70s are the outcome of a long-term process
that began at the end of the 1950s with the passing of the first legislations intended to promote and control rescue behaviour
(the so-called “good Samaritan” legislations, acts or statutes) and that finally results in the economic models of rescue
developed by Landes and Posner (The Journal of Legal Studies, 7(1):83–128, 1978a; The American Economic Review, 68(2):417–421,
1978b). The article investigates the context that made the occurrence of the economic analysis of rescue law possible and
the controversies that it fueled in both the legal and economic fields. It also highlights the influence of the economic analysis
of altruism on this particular field of law and economics.

  • Content Type Journal Article
  • DOI 10.1007/s10657-009-9095-9
  • Authors
    • Sophie Harnay, Université Paris Ouest Nanterre La Défense and EconomiX – CNRS Maison Max Weber, Bâtiment K, 200, avenue de la République 92001 Nanterre Cedex France
    • Alain Marciano, Université de Reims Champagne Ardenne, EconomiX-Cachan-CNRS Faculté des Sciences Economiques et de Gestion 57 bis, rue Pierre Taittinger 51096 Reims Cedex France


Examining Report Content and Social Categorization to Understand Consistency Effects on Credibility

Abstract  This experiment examined the importance of report content and the role of social categorization in consistency effects on
perceived credibility. Community volunteers (N = 374) evaluated the credibility of an adult who described a common, mundane event (everyday event) or a highly unusual,
emotional event (intimate partner abuse, IPA) with one of two levels of report consistency. Participants evaluated consistent
complainants and persons reporting everyday events more favorably than inconsistent complainants and IPA complainants, respectively.
Findings suggest that social categorization fully mediates content effects on credibility. Participants viewed persons reporting
everyday events as more similar, more likely to belong to the same group as themselves, and more credible compared to complainants
reporting IPA. Social categorization was a weaker mediator of the relationship between consistency and credibility.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9165-5
  • Authors
    • Sarah L. Desmarais, University of British Columbia, BC Children’s & Women’s Hospital E408-4480 Oak Street Vancouver BC Canada V6H 3V4

Perspective: Is In re Bilski a Deja Vu?

On October 30, 2008, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a decision that has potentially significant implications for innovation in many fields, but particularly in the online commerce and the software industry. [...]

Is In re Bilski a Déjà Vu?

On October 30, 2008, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a decision that has potentially significant implications for innovation in many fields, but particularly in the online commerce and the software industry. Indeed, with the issuance of In re Bilski, the Federal Circuit has substantially changed its [...]

The Psychological Inventory of Criminal Thinking Styles and Psychopathy Checklist: Screening Version as Incrementally Valid Predictors of Recidivism

Abstract  A follow-up of 107 male federal prison inmates previously tested with the Psychological Inventory of Criminal Thinking Styles
(PICTS) and Psychopathy Checklist: Screening Version (PCL:SV) was conducted to test the incremental validity of both measures.
The PICTS General Criminal Thinking (GCT) score was found to predict general recidivism and serious recidivism when age, prior
charges, and the PCL:SV were controlled. The PCL:SV, on the other hand, failed to predict general and serious recidivism when
age, prior charges, and the PICTS were controlled. These findings support the hypothesis that content-relevant self-report
measures like the PICTS are capable of predicting crime-relevant outcomes above and beyond the contributions of basic demographic
variables like age, criminal history, and such popular non-self-report rating procedures as the PCL:SV.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9167-3
  • Authors
    • Glenn D. Walters, Psychology Services, Federal Correctional Institution FCI-Schuylkill P. O. Box 700 Schuylkill, Minersville Pennsylvania 17954-0700 USA

Restricting loans of money to Hong Kong civil servants: social censure or violation of human rights?

Abstract  Obtaining a loan is an individual’s private business and such a right should be free from interference. However, if Government
officers obtain a loan from undesirable persons, they may be lured into committing an act which they [...]