The Situationist

Search Results

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 […]

Read the rest of this post...

Posted in Ideology, Law | Leave a Comment »

Firefighters and the Situation of “Merit”

Posted on July 16, 2009

The following excerpted op-ed, “Trial by Firefighters,” co-written by Harvard Law Professor Lani Guinier and Columbia Law Professor Susan Sturm, was published in the July 11, 2009, edition of The New York Times. They are also the co-authors of “Who’s Qualified: A New Democracy Forum on the Future of Affirmative Action” (Beacon Press, 2001). * […]

Read the rest of this post...

Posted in Distribution, Education, Ideology, Politics, Public Policy | Leave a Comment »

It’s Hard to Step into Someone Else’s Shoes

Posted on June 25, 2009

Stanley Fish has an interesting new post (over on his New York Times blog) that reflects on a panel discussion at NYU Law School on the question of what kind of Supreme Court justices we want.  Do we actually desire a judge with “empathy”? Fish gave particular attention to “Judge Sotomayor’s now famous or infamous […]

Read the rest of this post...

Posted in Ideology, Law | 1 Comment »

Martha Minow Named Dean of Harvard Law School

Posted on June 11, 2009

Marth Minow has been a leading legal scholar and teacher for the last several decades and has been on the cutting edge of applying insights from social psychology and social cognition to her important research over the last several years.  Today, she was named Dean of Harvard Law School.  This is wonderful news for Harvard […]

Read the rest of this post...

Posted in Education, Law | Leave a Comment »

The Situation of Biased Perceptions

Posted on June 10, 2009

Emily Aronson and Ushma Patel recently wrote a nice article (pasted below) about the important work of Situationist Contributor and psychology star Emily Pronin. Pronin’s work takes on special significance this week in light debates about the Sotomayor nomination and this week’s Supreme Court’s decision in Caperton v. A.T. Massey Coal Co., in which Justice […]

Read the rest of this post...

Posted in Ideology, Law, Life, Politics, Situationist Contributors, Social Psychology | 1 Comment »

Stereotyping Sotomayor

Posted on June 9, 2009

Last week, Situationist Contributor Adam Benforado wrote a second op-ed for the Philadelphia Inquirer, titled “Stereotypes on Full Display,” about conservative reaction to the Sotomayor nomination.  We’ve pasted it below. * * * If you thought race and gender politics were put to rest with the historic presidential campaigns of last year, think again. The […]

Read the rest of this post...

Posted in Ideology, Politics, Situationist Contributors | 1 Comment »

Brooks on the Situation of Judging

Posted on May 31, 2009

New York Times columnnist David Brooks had a nice op-ed, “The Empathy Issue,” picking up some of the themes in the recent op-ed by Situationist Contributors Adam Benforado and Jon Hanson.  Here are some excerpts. * * * The American legal system is based on a useful falsehood. It’s based on the falsehood that this […]

Read the rest of this post...

Posted in Cultural Cognition, Emotions, Ideology, Situationist Contributors | Leave a Comment »

The News Situation of Judge Sotomayor’s Nomination

Posted on May 26, 2009

As the the media quickly responds to news of Judge Sotomayor’s nomination, we thought it might be interesting to include some excerpts from a few different sources. * * * From Fox News: President Obama nominated federal Appeals Court Judge Sonia Sotomayor to the U.S. Supreme Court Tuesday, citing her “inspiring life story” and “distinguished […]

Read the rest of this post...

Posted in Law, Politics, Video | Leave a Comment »

The Situation of Judicial Activism

Posted on May 21, 2009

Yesterday, Situationist Contributors Adam Benforado and Jon Hanson published an op-ed, “Right or Left, Judges Are Activists,” in the Philadelphia Inquirer. * * * The attack is on. Supreme Court Justice David Souter may still have his robe, but a conservative rabble has already begun its effort to influence who will wear it next. Their […]

Read the rest of this post...

Posted in Ideology, Law, Legal Theory, Politics, Situationist Contributors, Video | 3 Comments »

The Situation of Search & Seizure – Abstract

Posted on April 27, 2009

Harvard Law School student David Kessler has just published a fascinating article in the Journal of Criminal Law and Criminology about the Fourth Amendment seizure doctrine.  The article is titled “Free To Leave?: An Empirical Look at the Fourth Amendment’s Seizure Standard” (pdf here).  Here are some excerpts. * * * Whether a person has […]

Read the rest of this post...

Posted in Abstracts, Law | 1 Comment »

The Situation of Situation in Employment Discrimination Law – Abstract

Posted on April 18, 2009

Melissa Hart and Paul Secunda have posted their excellent paper, “A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions” (forthcoming 78 Fordham Law Review (2009)) on SSRN.  Here is the abstract. * * * In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a […]

Read the rest of this post...

Posted in Abstracts, Implicit Associations, Law, Legal Theory, Naive Cynicism | Leave a Comment »

Stare Decisis is Cognitive Error – Abstracts

Posted on March 26, 2009

Situationist fellow, Goutam Jois recently posted a fascinating, situationist paper provocatively titled, “Stare Decisis is Cognitive Error” on SSRN:  Here’s the abstract. * * * For hundreds of years, the practice of stare decisis – a court’s adherence to prior decisions in similar cases – has guided the common law. However, recent behavioral evidence suggests […]

Read the rest of this post...

Posted in Abstracts, Law, Legal Theory, Social Psychology, System Legitimacy | 1 Comment »

Unconsciously Regarded as Disabled – Abstract

Posted on February 21, 2009

Dale Larson has posted his  comment, “Unconsciously Regarded as Disabled: Implicit Bias and the Regarded-As Prong of the Americans with Disabilities Act” (56 UCLA Law Review 451 (2008)) on SSRN.  Here’s the abstract. * * * Much scholarly work has been written detailing the shift away from the original congressional intent behind the Americans with […]

Read the rest of this post...

Posted in Abstracts, Implicit Associations, Law | 1 Comment »

Gender and the Law – Conference

Posted on January 31, 2009

“Gender and the Law: Unintended Consequences, Unsettled Questions” Thursday, March 12, 2009–Friday, March 13, 2009Thursday 2–5 p.m., Friday 9 a.m.–5:30 p.m., Radcliffe Gymnasium, 10 Garden Street, Radcliffe Yard, 617-495-8600 Registration is required by Monday, March 2. Click here to register. This event is free and open to the public. Download a printable poster for this […]

Read the rest of this post...

Posted in Events, Law | 1 Comment »

The Situation of Conspiracy and President-Elect Obama’s Origin of Birth

Posted on December 9, 2008

Alex Koppelman of Salon has an interesting piece on the quixotic–and today, courtesy of the U.S. Supreme Court, rejected–claims that Barack Obama was not born a naturalized U.S. citizen, and thus should not be eligible to become President on January 20, 2009.  We excerpt the piece below. * * * Barack Obama can’t be president: […]

Read the rest of this post...

Posted in Life, Politics | 2 Comments »

The Situation of Policy Research and Policy Outcomes

Posted on November 26, 2008

Yesterday, Adam Liptak published a nice article , “From One Footnote, a Debate Over the Tangles of Law, Science and Money,” in the New York Times.  In it he explores the dubious role of Exxon on the legal scholarship regarding punitive damages. * * * Two years after Exxon was hit with a $5 billion […]

Read the rest of this post...

Posted in Deep Capture, Law, Legal Theory, Public Policy | Leave a Comment »

Situationism in the Blogosphere – October, Part II

Posted on November 21, 2008

Below, we’ve posted titles and a brief quotation from some of our favorite non-Situationist situationist blogging during October 2008. (They are listed in alphabetical order by source.) * * * From Experimental Philosophy: “Causal Judgment and Moral Judgment“ “It is now widely believed that people’s moral judgments can affect their causal judgments, but a great […]

Read the rest of this post...

Posted in Abstracts, Blogroll | Leave a Comment »

Without the Filter

Posted on October 21, 2008

Governor Sarah Palin wants “to talk to Americans without the filter” of the “media elite.”  As she explained in the vice-presidential debate, she aims to cut out the middleman in conveying information to the public: “I may not answer the questions that either the moderator or you [Senator Joe Biden] want to hear, but I’m […]

Read the rest of this post...

Posted in Choice Myth, Deep Capture, Politics | Leave a Comment »

Clarence Darrow on the Situation of Crime and Criminals

Posted on October 5, 2008

“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. […]

Read the rest of this post...

Posted in Choice Myth, Deep Capture, History, Law, Life | 2 Comments »

The Racial Situation of Criminal Juries and the Consequences

Posted on September 10, 2008

Sam Sommers has yet another terrific post, this one titled “When Justice is Less than Blind,” over on the Psychology Today Blog.  Here are some excerpts. * * * At the time of the 2000 Census, Jefferson Parish had an African-American population of 23%. In 1990 that rate was 18%. These numbers render it all […]

Read the rest of this post...

Posted in Choice Myth, Implicit Associations, Law, Social Psychology, Uncategorized | Leave a Comment »