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The Rhetorical Situation of Law, and the Situation of Rhetoric

Posted on March 10, 2011

Theresa Beiner recently posted her article, “Shift Happens: The U.S. Supreme Court’s Shifting Antidiscrimination Rhetoric” (forthcoming in University of Toledo Law Review) on SSRN.  Here’s the abstract. * * * The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights – such as the right to be free from gender and race […]

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Posted in Abstracts, Law | 2 Comments »

The Legal-Policy Situation of Continued Inequality

Posted on November 12, 2010

Judge Michael Wolff posted his article “Stories of Civil Rights Progress and the Persistence of Inequality and Unequal Opportunity 1970-2010” (forthcoming in William Mitchell Law Review) on  SSRN.  Here is the abstract. * * * In this article, Missouri Supreme Court Judge Michael A. Wolff, who also is distinguished visiting professor at St. Louis University […]

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Posted in Abstracts, Distribution, Education, History, Law | Leave a Comment »

Judges Are Like . . .

Posted on November 7, 2010

This week I have been trying to catch up on some tasks that have been on my list since early in the semester.  One has been to post some of my recent papers on SSRN.  To this end, I have just put up Color Commentators of the Bench, which may be of interest to certain […]

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Posted in Abstracts, Law, Situationist Contributors | 1 Comment »

Situationism in the Blogosphere – September

Posted on October 23, 2010

Below, we’ve posted titles and a brief quotation from some of our favorite non-Situationist situationist blogging during September 2010 (they are listed in alphabetical order by source). * * * From BPS Research Digest: “Power leads us to dehumanise others” “Think how terrible you’d feel if a decision you made led to the death of […]

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Posted in Abstracts, Blogroll | Leave a Comment »

The Situation of Precision-Targeted Ads

Posted on October 21, 2010

Robert Wright posted an interesting commentary on the New York Times Opinionator last night in which he argued that the arrival of HTML 5, which “will allow sites you visit to know your physical location and will make it easier for them to keep track of your browsing and shopping history,” may be “the salvation […]

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Posted in Conflict, Deep Capture, Education, Ideology, Politics, Situationist Contributors | 1 Comment »

The Captured Situation of Justice

Posted on September 26, 2010

Michael S. Kang and Joanna Shepherd recently posted the important paper “The Partisan Price of Justice: An Empirical Analysis of Campaign Contributions and Judicial Decisions” on  SSRN.  Here’s the abstract. * * * Do campaign contributions affect judicial decisions by elected judges in favor of their contributors’ interests? Although the Supreme Court’s recent decision in […]

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Posted in Abstracts, Deep Capture, Distribution, Law, Politics | 1 Comment »

Situationist Corruption

Posted on September 14, 2010

Molly J. Walker Wilson recently posted her article, “Behavioral Decision Theory and Implications for the Supreme Court’s Campaign Finance Jurisprudence” (Cardozo Law Review, Vol. 31, p. 679, 2010) on SSRN.  Here’s the abstract. * * * America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic […]

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Posted in Abstracts, Behavioral Economics, Deep Capture, Law, Politics | Leave a Comment »

Situationism in the Blogosphere – May, Part II

Posted on June 21, 2010

Below, we’ve posted titles and a brief quotation from some of our favorite non-Situationist situationist blogging during May 2010 (they are listed in alphabetical order by source). * * * From Experiments in Philosophy: “Sex on the Bench: Do Women and Men Have Different Moral Values?” “With Barack Obama’s nomination of Elena Kagan, the United […]

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Posted in Abstracts, Blogroll | Leave a Comment »

Elena Kagan’s Situation

Posted on May 10, 2010

In today’s New York Times, Sheryl Gay Stolberg, Katharine Q. Seelye and Lisa W. Foderaro  have an illuminating biography of Supreme Court Nominee (and Situationist friend and supporter) Elena Kagan. Here are the opening paragraphs of that story. * * * She was a creature of Manhattan’s liberal, intellectual Upper West Side — a smart, […]

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Posted in Education, Events, Law, Politics | 3 Comments »

The Frontline of Citizens United

Posted on April 20, 2010

What are the implications of corporate personhood after the Supreme Court’s decision in Citizen’s United? Get the story from behind this term’s most talked-about case from the lawyers who argued in district court and wrote the Supreme Court briefs. How did the FEC develop it’s position? What is at stake? What role do agency lawyers […]

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Posted in Deep Capture, Law, Politics | Leave a Comment »

Clarence Darrow on the Situation of Crime and Criminals

Posted on February 20, 2010

“Crime and Criminals: Address to the Prisoners in the Chicago Jail” (1902) Preface This address is a stenographic report of a talk made to the prisoners in the Chicago jail. Some of my good friends have insisted that while my theories are true, I should not have given them to the inmates of a jail. […]

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Posted in Choice Myth, Deep Capture, Distribution, Education, History, Ideology, Law, Life, Marketing, Morality, Politics, System Legitimacy | 4 Comments »

The Broader Situation: A Case Study of Cop Car Cameras

Posted on February 12, 2010

As part of my new commitment to posting more of my work on SSRN, I’ve just put up another forthcoming article that may be of interest to some readers.  It offers a law and mind sciences (situationist / critical realist) perspective on Yale Law School’s Cultural Cognition Project (CCP) using a great recent article by […]

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Posted in Abstracts, Cultural Cognition, Legal Theory, Situationist Contributors | 5 Comments »

Situationism in the News

Posted on February 11, 2010

Below, we’ve posted titles and a brief quotation from some of the Situationist news over the last several weeks. * * * From USA Today: “Psychologists: Propaganda works better than you think” “Science seldom interacts with the legal world, more’s the pity. But the latest big Supreme Court decision, Citizens United vs. Federal Election Commission, […]

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Posted in Abstracts | 1 Comment »

Situationism in the Blogosphere – January, Part I

Posted on February 5, 2010

Below, we’ve posted titles and a brief quotation from some of our favorite non-Situationist situationist blogging during January 2010 (they are listed in alphabetical order by source). * * * From BPS Research Digest: “Morbid warnings on cigarette packs could encourage some people to smoke” “Every now and again a finding comes along that provides […]

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Posted in Abstracts, Blogroll | Leave a Comment »

Our Stake in Corporate Behavior

Posted on January 23, 2010

Situationist Contributor David Yosifon published a thoughtful and timely op-ed,  in yesterday’s San Francisco Chronicle. Here are some excerpts. * * * Corporations are crucial institutions in our society. Consumers rely on them for everything from the basic provisions of food and clothing to the more dispensable delights of computers and cell phones. Workers rely […]

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Posted in Deep Capture, Politics, Public Policy, Situationist Contributors | 1 Comment »

Goutam Jois at Harvard Law School

Posted on October 21, 2009

On Thursday, October 22, the HLS Student Association for Law and Mind Sciences (SALMS) and the HLS American Constitution Society (ACS) are hosting a talk by Situationist Fellow Goutam Jois entitled “Stare Decisis is Cognitive Error”: * * * For hundreds of years, the practice of stare decisis — a court’s adherence to prior decisions […]

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Posted in Abstracts, Choice Myth, History, Ideology, Law, Legal Theory, Situationist Contributors, Social Psychology | 2 Comments »

Leaving the Past

Posted on July 25, 2009

Sam has been an active racist his entire life.  For decades, he has called blacks demeaning names; he has written about their inferiority; he has threatened them and beaten them; he has attended lynchings. Under great pressure from various acquaintances and friends, in his seventieth year of life, he stops using the “n” word and […]

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Posted in History, Ideology, Illusions, Implicit Associations, Situationist Contributors | 2 Comments »

Why Are They So Biased?

Posted on July 22, 2009

Last week Sally Lehrman published an interesting op-ed, titled “Why are people of color presumed biased, and we are not?“ in the Oakland Tribune.   Here are some excerpts. * * * On the first day of the Sonia Sotomayor confirmation hearings, one senator after another demanded assurances the judge would not allow her background to […]

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Posted in Ideology, Implicit Associations, Politics | 2 Comments »

The Situation of Homogeneity

Posted on July 20, 2009

This summer, I have finally gotten around to reading Richard Thaler and Cass Sunstein’s book Nudge and, unsurprisingly, there is much in the book that parallels situationist work.  Indeed, many (if not most) of the referenced social psychology experiments and dynamics should already be familiar to readers of this website. One paragraph that I came […]

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Posted in Behavioral Economics, Book, Choice Myth, Conflict, Entertainment, Ideology, Life, Marketing, Situationist Contributors | 2 Comments »

Compassion, Law, and Judge Sonia Sotomayor

Posted on July 17, 2009

Situationist contributor Michael McCann has posted on SSRN a draft of his forthcoming law review essay, Judge Sonia Sotomayor and the Relationship between Leagues and Players: Insights and Implications, 42 Connecticut Law Review __ (forthcoming, 2009). The essay examines two of Judge Sotomayor’s most notable sports law decisions, Silverman v. Major League Baseball Player Relations […]

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Posted in Ideology, Law | Leave a Comment »

 
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