Posted by The Situationist Staff on December 22, 2011
Roger Magnusson, Lawrence O. Gostin, and David Studdert recently posted their paper, “Can Law Improve Prevention and Treatment of Cancer?” on SSRN:
The December 2011 issue of Public Health (the Journal of the Royal Society for Public Health) contains a symposium entitled: Legislate, Regulate, Litigate? Legal approaches to the prevention and treatment of cancer. This symposium explores the possibilities for using law and regulation – both internationally and at the national level – as the policy instrument for preventing and improving the treatment of cancer and other leading non-communicable diseases (NCDs). In this editorial, we argue that there is an urgent need for more legal scholarship on cancer and other leading NCDs, as well as greater dialogue between lawyers, public health practitioners and policy-makers about priorities for law reform, and feasible legal strategies for reducing the prevalence of leading risk factors. The editorial discusses two important challenges that frequently stand in the way of a more effective use of law in this area. The first is the tendency to dismiss risk factors for NCDs as purely a matter of individual ‘personal responsibility’; the second is the fact that effective regulatory responses to risks for cancer and NCDs will in many cases provoke conflict with the tobacco, alcohol and food industries. After briefly identifying some of the strategies that law can deploy in the prevention of NCDs, we briefly introduce each of the ten papers that make up the symposium.
You can download the paper for free here.
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Posted in Abstracts, Deep Capture, Environment, Law, Public Policy | Tagged: Deep Capture, dispositionism, environmental health, fundamental attribution error, Law | Leave a Comment »
Posted by The Situationist Staff on February 23, 2010
Andrew E. Taslitz recently posted his paper, titled “Police are People Too: Cognitive Obstacles to, and Opportunities for, Police Getting the Individualized Suspicion Judgment Right” (forthcoming in Ohio State Journal of Criminal Law) on SSRN. Here’s the abstract.
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Some Fourth Amendment scholars have embraced the idea that the courts should defer to police judgments about reasonable suspicion and probable cause. The primary argument for deference is that much police reasoning is intuitive and unconscious, thus not accessible to systematic analysis. Yet, the argument continues, intuition is often more reliable than conscious thinking. This article examines this claim by exploring in depth the cognitive biases and abilities that serve respectively as obstacles to, and opportunities for, police making accurate judgments about individualized suspicion. The article concludes that requiring police consciously to justify their intuitions can improve their accuracy, that the greatest accuracy comes from constructing institutions in a way that combines the best of unconscious intuition with more systematic critique, and that police training can be improved in various ways to enhance cognitive accuracy about the individualized suspicion judgment.
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For a sample of related Situationist posts, see “The Legal Situation of the Underclass,” “Jennifer Eberhardt’s “Policing Racial Bias” – Video,” and “The Situation of Criminality – Abstract.”
Posted in Abstracts, Implicit Associations, Law | Tagged: Fourth Amendment, fundamental attribution error, police, probable cause | Leave a Comment »