
Jeremy A. BlumenthalSyracuse University | SU
Jeremy A. Blumenthal
J.D; A.M.; Ph.D.
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27
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August 1996 - April 2002
Publications
Publications (27)
Supported decision-making is increasingly being promoted as an alternative to guardianship for persons aging with intellectual disabilities. Proponents argue that supported decision-making, unlike guardianship, empowers persons with disabilities by providing them with help in making their own decisions, rather than simply providing someone else to...
The law has traditionally responded to cognitive disability by authorizing surrogate decision-makers to make decisions on behalf of disabled individuals. However, supported decision-making, an alternative paradigm for addressing cognitive disability, is rapidly gaining political support. According to its proponents, supported decision-making empowe...
The field of law and emotion draws from a range of disciplines in the sciences, social sciences, and humanities to shed light on the emotions that pervade the legal system. It utilizes insights from these disciplines to illuminate and assess the implicit and explicit assumptions about emotion that animate legal reasoning, legal doctrine, the behavi...
We present the first empirical analysis of “judicial wisdom”: what it means to be a “wise judge.” We surveyed 40 federal judges; half listed characteristics of a “wise” judge and, to compare, half listed characteristics of an “excellent” judge. The factor models of judicial wisdom and of judicial excellence demonstrate the two concepts’ distinct na...
Scholars and policymakers from multiple disciplines have long debated whether and when paternalistic intervention might be appropriate to guide ordinary decisionmakers choices and behaviors. Recently, the use of empirical data has begun to inform this debate. Some such research has demonstrated that individuals’ susceptibility to cognitive and emot...
A substantial social science literature has demonstrated the power of situational cues on behavior, decisions, choices, attitudes, and emotions. Moreover, recent findings demonstrate that the place where a citizen casts a ballot – Town Hall, a fire station, a school, a church, a library – can itself influence that citizen’s vote, by priming particu...
Despite more than a century of research by psychologists on issues relating to the law, most such research has focused on a small subset of topics relevant to the legal system. Here, I review several legal topics amenable to psychological research that fall under the broad umbrella of property law: (1) how the concepts of property and ownership are...
The current Symposium celebrates 3,400 years of law and emotion. How so? In Leviticus, Chapter 19 Verse 15, judges are instructed
to judge rich and poor alike – interestingly, they are, separately, told not to favor the poor and not to favor the rich,
but rather to do justice equally. Some interpreters read the prohibition on favoring the poor as t...
Victim impact statements (VIS), though commonly used in capital sentencing, are criticized as tending to influence capital jurors' decisions by evoking strong, biasing, emotional responses. Although close to two decades of empirical work exists, we present here the first meta-analysis of the VIS literature. Consistent with narrative reviews, we fin...
The 'endowment effect' (EE) - people valuing an asset more when they possess it - has been studied in detail with individuals. The prices individuals demand to sell a good they own is significantly higher than what they offer to buy it. Only one previous study examines the EE at the group level, despite implications ranging from attorney-client and...
ParagonsPeacePenn Resiliency ProgramPerseverancePersonal Growth InitiativePersonal ResponsibilityPersonalityPerson-Environment FitPeterson, ChristopherPhysical HealthPlayPleasurePositive AffectivityPositive EmotionsPositive EthicsPositive ExperiencesPositive IllusionsPositive Law and PolicyPositive Organizational BehaviorPositive Organizational Sch...
May the government use eminent domain to take a private citizen's right to sue? May the government take a citizen's right to sue and exercise it -- or even take the right to sue or a lawsuit and deliberately not exercise it? Even more controversial, may the government use eminent domain to condemn your legal claim and, consistent with its broad pow...
I briefly introduce a Special Issue on the psychological study of property law, theory, and doctrine. The Issue builds on a 2008 Panel at the annual American Psychology/Law Society Conference that brought together legal academics, psychologists, and policy-makers working at the crossroads of psychology and property. Our goal is to lay the groundwor...
The psycholegal study of property law, theory, and doctrine is a new and developing topic area. As one Article in a Special Issue of the Tulane Law Review, this paper serves as a broad introduction and overview to the field. Aimed at both legal academics and social scientists, a primary goal is to encourage interdisciplinary collaboration between t...
States' default surrogate statutes allow family or friends to make health care decisions for incapacitated patients who lack advance directives. Although such statutes are commonly justified on the grounds that they honor the wishes of incapacitated persons, our review of empirical research on surrogate decision-making challenges this justification...
This is an entry from a forthcoming book, The Encyclopedia of Positive Psychology, edited by Shane J. Lopez (forthcoming). This volume has as its target audience high school and college library users in addition to consumers, primarily corporate and government professionals, who are educated but desire more information concerning the many topics th...
This is a chapter from a forthcoming book, The 2d edition of the Handbook of Positive Psychology, edited by Shane J. Lopez (forthcoming). This Handbook provides a guide to a burgeoning literature of positive psychology about human strengths and virtues. This Handbook has as its target audience both seasoned professionals and students just entering...
Although abortion jurisprudence under Casey condones State efforts to persuade a woman to forego an abortion in favor of childbirth, the opinion's "truthful and not misleading" language can be read more broadly than it traditionally has. Specifically, even a truthful message may mislead when it inappropriately takes advantage of emotional influence...
Forty years of Fourth Amendment jurisprudence has explicitly relied on gauging "expectations of privacy" in helping to evaluate whether a search was reasonable. In making such evaluations, Courts look at a defendant's subjective expectation of privacy, as well as society's more objective understandings of social custom and of what might reasonably...
In the last forty years, the study of social perceptions of crime in general, and the seriousness of criminal offenses in particular, has been of substantial interest to policymakers, courts, and social scientists. As a matter of criminal justice policy, consensus about how severe a crime is can serve as both a legal and societal foundation for cer...
Empirical research relevant to legal issues is common in other disciplines, and is once again growing more common in the legal academy. Such research, however, varies widely in theoretical and methodological rigor, and at times yields widely different results. Such disparate findings may bring into question the usefulness of such empirical research...
Social psychological research shows that some individuals ("entity theorists") view others as possessing fixed, unchanging moral traits; some individuals ("incremental theorists") see others' moral traits as malleable and dynamic. Such individual differences in implicit theories reliably predicts people's levels of punitiveness, their endorsement o...
The literature on heuristics and biases in decision-making, as well as on emotional influences on judgments, is burgeoning. Commentators reviewing such work have begun to discuss its practical implications for the law. Most recently, they have focused in particular on what the research might suggest for an increased third-party role to help protect...
Despite recurring interest in the potential for affect to influence "rational" reasoning, in particular the effect of emotion on moral judgments, legal scholars and social scientists have conducted far less empirical research directly testing such questions than might be expected. Nevertheless, the extent to which affect can influence moral decisio...
Legal scholarship on behavioralism and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. Discussion turns on the "appropriateness" of various emotions for the substantive law, and on attempts to model the pl...
The use of social science - of psychology in particular - to inform legal theory and practice is fast becoming the latest craze in the pages of legal academia. Despite this increase in research, practitioners in both disciplines have been frustrated, as well. Social scientists and others have viewed the legal system as underusing, misusing, or igno...