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Papers of Interest



Law and the Emotions:Other Papers of Interest


The topic of law and the emotions has been given careful but not exhaustive coverage at this conference. There are many other insightful works which you may find thought-provoking. Some of these papers, written by conference attendees and other interested scholars, are listed below.

Bandes, Susan

Loyalty to One's Convictions: The Prosecutor and Tunnel Vision
49 How. L.J. 475 (2006)
Available at SSRN:
Repression and Denial in Criminal Lawyering
9 Buff. Crim. L. Rev. 339 (2006)
Available at SSRN:

Blumenthal, Jeremy A.

Emotional Paternalism
Manuscript under review (2006)
Available at SSRN:
Does Mood Influence Moral Judgment?: An Empirical Test with Legal and Policy Implications
29 LAW & PSYCHOL. REV. 1 (2005)
Available at SSRN:
Law and the Emotions: The Problems of Affective Forecasting
80 IND. L.J. 155 (2005)
Available at SSRN:
The Admissibility of Victim Impact Statements at Capital Sentencing
50 DRAKE L. REV. 67 (2001)
Available at SSRN:
Moral Passions or Passionate Morals?: Emotion, Moral Decision-Making, and the Law
Abstract [Draft] (February 5, 2007)

Forell, Caroline (with Anna Sortun)

The Tort of Betrayal of Trust
Draft (January 28, 2007) (Do not cite without authors' permission)

Freshman, Clark

After Basic Mindfulness Meditation: External Mindfulness, Emotional Truthfulness, and Lie Detection in Dispute Resolution
2007 J. Disp. Resol. __ (forthcoming, 2007)
" Identity, Beliefs, Emotion, and Negotiation Success "
in Handbook of Dispute Resolution (Robert Bordone and Michael Moffitt, eds., 2005)
(discussing complex ways that identities, beliefs, and emotions may affect negotiation and offering brief introduction to mindfulness and nonverbal communication).
Adapting Meditation To Promote Negotiation Success: A Guide to Varieties and Scientific Support (with Adele M. Hayes, Greg C. Feldman)
7 Harv. Negot. L. Rev 67 (2002)
The Lawyer-Negotiator as Mood Scientist: What We Know and Don't Know About How Mood Affects Negotiation (with Adele M. Hayes, Greg C. Feldman)
2002 J. Disp. Resol. 1 (2002)
Other papers are available at

Hammer, Rapha�l (with S�bastien Hauger)

Promoting Organ Donation: Social and Legal Aspects
Unpublished proceeding for the first annual evaluation of the University of Geneva's Interfaculty Center for Affective Sciences (Centre Interfacultaire en Sciences Affectives) (CISA) (2006), to be submitted.

Han, Sora

Introduction: Last Night in the City
Unpublished draft, dissertation submitted to Berkeley Center for the Study of Law and Society (2007)
Strict Scrutiny: The Tragedy of Constitutional Law
Unpublished draft, book chapter submitted to Berkeley Center for the Study of Law and Society (2007)

Hsu, Shi-Ling

The Identifiability Bias in Environmental Law
Unpublished draft (April 30, 2007)

Huang, Peter

Emotional Impact Analysis in Financial Regulation: Going Beyond Cost-Benefit Analysis
Temple University Legal Studies Research Paper No. 2006-21
Princeton Institute for Advanced Study Social Science Economics Working Paper No. 62
Available at SSRN:
Moody Investing and the Supreme Court: Rethinking the Materiality of Information and the Reasonableness of Investors
13 Sup. Ct. Econ. Rev. __ (2005)
Available at SSRN:

Huntington, Clare

Love, Hate and Reparation [abstract]
Unpublished draft (2007)

Jaffe, Klaus

Simulations Show That Shame Drives Social Cohesion
Presented at IBERAMIA-SBIA 2006, October 23-27, 2006.
Jaime Sim�o Sichman, Helder Coelho, Solange Oliveira Rezende (Eds.): Advances in Artificial Intelligence - IBERAMIA-SBIA 2006, 2nd International Joint Conference, 10th Ibero-American
Conference on AI, 18th Brazilian AI Symposium, Ribeir�o Preto, Brazil, October 23-27, 2006,
Proceedings. Lecture Notes in Computer Science 4140 Springer 2006, ISBN 3-540-45462-4.

Jones, Owen (with Timothy H. Goldsmith)

Law and Behavioral Biology
Columbia Law Review 105:405-502 (2005)

Kahan, Dan

The Logic of Reciprocity: Trust, Collective Action, and Law
102 Mich. L. Rev. 71 (2003)
Two Liberal Fallacies in the Hate Crimes Debate
20 L. & Phil. 175 (2001)
The Anatomy of Disgust in Criminal Law
96 Mich. L. Rev. 1621 (1998) (book review)
What Do Alternative Sanctions Mean?
63 Univ. Chi. L. Rev. 591 (1996)
Two Conceptions of Emotion in Criminal Law (with Martha Nussbaum)
96 Colum. L. Rev. 269 (1996)

Maroney, Terry

Emotional Competence, "Rational Understanding," and the Criminal Defendant
43 American Criminal Law Review 1375 (2006)
Available at SSRN:
Law and Emotion: A Proposed Taxonomy of an Emerging Field
Law Hum. Behav. (2006) 30:119-142

Mason, Gail

Hate Crime as a Moral Category: Lessons from the Snowtown Murders
(Draft only: Not to be cited without author's permission.)

Pruitt, Lisa

Rural Rhetoric
Forthcoming, Connecticut Law Review
Available at SSRN:

Rauschenbach, Mina (with No�lle Languin)

Law as a Product of Emotion: The Rise of the Victim
Unpublished proceeding for the first annual evaluation of the University of Geneva's Interfaculty Center for Affective Sciences (Centre Interfacultaire en Sciences Affectives)(CISA) (2006), to be submitted.

Rosen, Robert Eli

A Few Good (and Angry) Men (and Woman)
Available at SSRN:

Rozelle, Susan

Controlling Passion: Adultery and the Provocation Defense
37 Rutgers Law Journal 197 (2005)

Ryan, Erin

The Discourse Beneath: Emotional Epistemology in Legal Deliberation and Negotiation
10 Harv. Negot. L. Rev 231 (2005)
Review Essays: Building the Emotionally Learned Negotiator
Negotiation Journal, April 2006, pp. 209-225