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It has been traditional to demarcate Muller v. Oregon as the first Supreme Court case to benefit from a social science perspective and Brown v. Board of Education of Topeka as the first case to rely on social science evidence. This article explores the hypothesis that social perspectives have...
Reasonable expectation of privacy is discussed in the context of searches conducted without the warrants usually required by the Fourth Amendment but with the consent of a third party, who is not the target of the search. Case law on this issue is neither consistent nor clear-cut. Psychological...
In a series of cases decided over the past decade, the U.S. Supreme Court has consistently held that laws providing for both preventive detention and preventive execution do not violate Constitutional guarantees. Preventive detention and preventive execution share a common method and goal:...
This article highlights the major events and empirical research in the continuing debate over the power and competence of the jury in civil and criminal trials. The concept of jury nullification, the power of the jury to return a verdict based upon their moral conscience despite the evidence and...
This article examines several key tensions in the symbolic legality or social representation of our society’s core legal values. It argues that present Fourteenth Amendment jurisprudence ignores the realities of contemporary social life and serves up ineffective due process protections as poor...
When organized psychology files amicus briefs with the Supreme Court and other courts, it does so for a variety of reasons and seeks to advance a number of policy objectives. The thesis of this article is that pursuit of some of those objectives is improper and that their pursuit threatens to...
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