Hastings Law Journal最新文献_第4页

The Neurobiology of Attachment to Nurturing and Abusive Caregivers. 对养育者和虐待者的依恋的神经生物学。

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2012-08-01

Regina M Sullivan

{"title":"The Neurobiology of Attachment to Nurturing and Abusive Caregivers.","authors":"Regina M Sullivan","doi":"","DOIUrl":"","url":null,"abstract":"Decades of research have shown that childhood experiences interact with our genetics to change the structure and function of the brain. Within the range of normal experiences, this system enables the brain to be modified during development to adapt to various environments and cultures. Experiences with and attachment to the caregiver appear particularly important, and recent research suggests this may be due, in part, to the attachment circuitry within the brain. Children have brain circuitry to ensure attachment to their caregivers. Attachment depends on the offspring learning about the caregiver in a process that begins prenatally and continues through most of early life. This attachment serves two basic functions. First, attachment ensures the infant remain in the proximity of the caregiver to procure resources for survival and protection. Second, attachment \"quality programs\" the brain. This programming impacts immediate behaviors, as well as behaviors that emerge later in development. Animal research has uncovered segments of the attachment circuitry within the brain and has highlighted rapid, robust learning to support this attachment. A child attaches to the caregiver regardless of the quality of care received, even if the caregiver is abusive and neglectful. While a neural system that ensures attachment regardless of the quality of care has immediate benefits, this attachment comes with a high cost. Traumatic experiences interact with genetics to change the structure and function of the brain, compromising emotional and cognitive development and initiating a pathway to pathology. Neurobiological research on animals suggests that trauma during attachment is processed differently by the brain, with maternal presence dramatically attenuating the fear center of the brain (amygdala). Thus, the immaturity of the brain combined with the unique processing of trauma may underlie the enduring effects of abuse, which remain largely hidden in early life but emerge as mental health issues in periadolescence.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2012-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3774302/pdf/nihms461646.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"31744150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Relevance of Immaturities in the Juvenile Brain to Culpability and Rehabilitation. 青少年大脑的不成熟与罪责和康复的相关性。

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2012-08-01

Beatriz Luna

{"title":"The Relevance of Immaturities in the Juvenile Brain to Culpability and Rehabilitation.","authors":"Beatriz Luna","doi":"","DOIUrl":"","url":null,"abstract":"The overreaching aim of this Article is to describe how developmental cognitive neuroscience can inform juvenile law. Fundamental to culpability and responsibility is the ability to effectively execute voluntary executive behavior. Executive function, including cognitive control and working memory, has a protracted development with key aspects continuing to mature through adolescence. These limitations in executive control are due in great part to still maturing brain processes. Gray and white matter changes are still becoming established in adolescence, enhancing efficiency and the speed of brain processing supporting executive control. Dopamine, a neurotransmitter that underlies reward processing and learning, peaks in adolescence-supporting known increases in sensation seeking but also in adaptable learning. Functional Magnetic Resonance Imaging (\"fMRI\") studies show that adolescent limitations in recruiting brain systems that support response planning, error processing, the ability to sustain an executive state, and top-down prefrontal executive control of behavior underlie limitations in executive control in adolescence. Moreover, adolescents show over-reactivity to reward incentives, thus engaging response systems that may contribute to impulsive responses in situations with high motivation. Neurobiological evidence indicating that adolescence is a transitional stage of limited executive control in the context of increased vulnerability to sensation seeking can inform culpability, long-term sentencing, and greater amenability for rehabilitation. Finally, it is important to note that executive control, while limited in its efficiency, is available in adolescence, and given time to deliberate with guidance from mature adults, adolescents can make responsible decisions.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2012-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5662008/pdf/nihms914346.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"35568126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Going Rogue: Stop the Beach Renourishment as an Object of Morbid Fascination 去流氓:停止海滩复兴作为一个病态的迷恋对象

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2012-03-16 DOI: 10.2139/SSRN.2029965

M. Doyle, Stephen J. Schnably

{"title":"Going Rogue: Stop the Beach Renourishment as an Object of Morbid Fascination","authors":"M. Doyle, Stephen J. Schnably","doi":"10.2139/SSRN.2029965","DOIUrl":"https://doi.org/10.2139/SSRN.2029965","url":null,"abstract":"Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue. Three basic symptoms of the pathology stand out. First, sleight of hand: The plurality opinion purports to be about an institutional issue -- can a state court commit a taking? -- while slipping in a major rewrite of takings law that would undermine the Court's recent, unanimous effort to clarify it.Second, feigned obliviousness: The plurality opinion conveniently overlooks the Court's federalism jurisprudence even as it would expand the federal courts' power over state law.Third, knowing artlessness: Despite being written as a virtuoso performance -- identifying a case the Florida Supreme Court \"overlooked\" -- the plurality's treatment of state law betrays surprising naivete‚ as to how state law is made, though, as it turns out, this seeming naivete‚ serves the purpose of shifting power within states from legislatures to courts. While the history and tone of Justice Scalia's close attention to beach access issues makes pique a surprisingly strong candidate for why the plurality went rogue, the more worrying explanation is the willingness of the more conservative members of the Court to expand their own power into new areas of state law without the slightest sign of support from the political branches. There is a danger that conservative attacks on the courts over decisions on controversial social issues will distract from a more basic problem: If the Court's enforcement of federalism rests on what Justice O'Connor called Congress's \"underdeveloped capacity for self-restraint,\" we suggest that commentary should focus on the Court's own similarly underdeveloped capacity.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2012-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67868431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Consenting Under Stress 压力下的同意

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2012-02-27 DOI: 10.2139/SSRN.2012013

H. Keren

{"title":"Consenting Under Stress","authors":"H. Keren","doi":"10.2139/SSRN.2012013","DOIUrl":"https://doi.org/10.2139/SSRN.2012013","url":null,"abstract":"This article highlights a disturbing gap between what is currently known about stress across a range of disciplines and the way stress is treated at law. It does so by focusing on parties who seek relief from harmful contracts, on the grounds that they consented under stress. The article first exposes the leading legal view that stress is merely a subjective feeling and therefore merits no legal recognition. It then provides a pragmatic synthesis of the rich study of stress, in order to counter that misguided legal presumption and to offer a better understanding of the physical, social and psychological dimensions of stress. Exploring both scientifically accepted causes of stress (stressors) and its known outcomes, the article offers a new framing of stress and a set of analytic tools that allow better legal access to the problem. It argues that legal actors can and should use the non-legal scientific understanding of stress to evaluate the arguments of those who claim to have consented to an unwanted contract while under stress. The article concludes that informed evaluation of stress arguments is not only pragmatically necessary, but also conceptually required for any legal system that, like contract law, relies on the power of choice and consent.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2012-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67849651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Studies in Hindu Law and Dharmaśāstra: Hindu Conceptions of Law 印度法律研究与Dharmaśāstra:印度法律观念

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2012-01-01 DOI: 10.7135/UPO9780857285782.005

L. Rocher, D. Davis, R. Lariviere

引用次数: 7

Developmental Neuroscience, Children's Relationships with Primary Caregivers, and Child Protection Policy Reform 发展神经科学，儿童与主要照顾者的关系，以及儿童保护政策改革

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2012-01-01 DOI: 10.2139/SSRN.2184049

L. A. Weithorn

{"title":"Developmental Neuroscience, Children's Relationships with Primary Caregivers, and Child Protection Policy Reform","authors":"L. A. Weithorn","doi":"10.2139/SSRN.2184049","DOIUrl":"https://doi.org/10.2139/SSRN.2184049","url":null,"abstract":"Empirical research has confirmed that the harms of child maltreatment can affect almost every area of an individual’s functioning and can reverberate across relationships, generations, and communities. Most recently, investigators at the U.S. Centers for Disease Control have called for policymakers to prioritize prevention and amelioration of child maltreatment in a manner consistent with its approach to other major public health problems. This Article — an outgrowth of a panel on Relationships with Caregivers and Children’s Neurobiological Development, which took place at a recent symposium, Law and Policy of the Developing Brain, co-sponsored by the University of California’s Hastings College of the Law and Stanford Law School — addresses some of the potential policy applications of research on the neurobiology of attachment, maltreatment, and trauma, with particular attention to the government’s articulated mission of safeguarding children’s welfare. Part I of this Article considers the state’s relationship with children and families, and the law’s recognition of the centrality of children’s primary caregivers — typically their parents — to children’s well-being. Part II critiques certain aspects of our legal system’s predominant response to child maltreatment. Part III reviews recent research on the effects of child maltreatment, with special attention to developmental neurobiological findings. Part IV discusses some implications of these findings for child protection policy and sets forth recommendations that are consistent with the empirical research and responsive to the critiques set forth in Part II.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67973751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Issue Preclusion Effect of Class Certification Orders 类别证明令的发布排除效应

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2011-10-12 DOI: 10.2139/SSRN.1942774

Antonio Gidi

引用次数: 0

The Evolution of Unconstitutionality in Sex Offender Registration Laws 性罪犯登记法违宪的演变

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2011-03-13 DOI: 10.2139/SSRN.1916726

C. Carpenter

{"title":"The Evolution of Unconstitutionality in Sex Offender Registration Laws","authors":"C. Carpenter","doi":"10.2139/SSRN.1916726","DOIUrl":"https://doi.org/10.2139/SSRN.1916726","url":null,"abstract":"More is not always better. Consider sex offender registration laws. Initially anchored by rational basis, registration schemes have spiraled out of control because legislators, eager to please a fearful public, have been given unfettered freedom by a deferential judiciary. This particular article does not challenge the state’s legislative power to enact sex offender registration laws. Instead, this piece posits that, even if sex offender registration schemes were initially constitutional, serially amended sex offender registration schemes – what this piece dubs super-registration schemes – are not. Their emergence over the last several years demands reexamination of traditionally held assumptions that shaped the original legislation. Two intertwined causes are responsible for the schemes’ constitutional downfall. The first is a legislative body eager to draft increasingly harsh registration and notification schemes to please an electorate that subsists on a steady diet of fear. When combined with the second cause, a Supreme Court that has yet to signal much needed boundaries, the ensuing consequence is runaway legislation that is no longer rationally connected to its regulatory purpose. Ultimately, this article is a cautionary tale of legislation that has unmoored from its constitutional grounding because of its punitive effect and excessive reach.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2011-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67783193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 20

Copyright Infringement and Harmless Speech 侵犯版权和无害言论

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2010-05-29 DOI: 10.2139/SSRN.1367624

Christina Bohannan

{"title":"Copyright Infringement and Harmless Speech","authors":"Christina Bohannan","doi":"10.2139/SSRN.1367624","DOIUrl":"https://doi.org/10.2139/SSRN.1367624","url":null,"abstract":"Copyright law is a glaring and unjustified exception to the rule that the government may not prohibit speech without a showing that it causes harm. While the First Amendment sometimes protects even harmful speech, it virtually never allows the prohibition of harmless speech. Yet, while other speech-burdening laws, such as defamation and right of publicity laws, require demonstrable evidence that the defendant’s speech causes actual harm, copyright law does not make harm a requirement of infringement. Although copyright law considers harm to the market for the copyrighted work as a factor in fair use analysis, harm is not always required and is so poorly defined that the concept has become circular. Moreover, the defendant ordinarily bears the burden of proof to show the absence of harm. As a result, courts often find liability for infringement (and therefore burden speech) where harm is nonexistent or purely speculative. Potential explanations for copyright’s anomalous treatment are unpersuasive. Copying involves speech as well as conduct, and the fact that copyrights are in some sense property does not come close to justifying its aberrant treatment. Moreover, copyright’s role in encouraging creative expression does not obviate First Amendment concerns. Drawing from cases holding that speech restrictions must be justified by an important or compelling governmental interest, this Article argues that the First Amendment requires real harm to the copyright holder’s incentives in order to impose liability. It also explores the types of harm that might arise in copyright infringement cases. It concludes that demonstrable harm of market substitution is cognizable under First Amendment principles. On the other hand, the First Amendment generally would not permit recognition of harm to the reputation of copyrighted works, or, except in cases of unpublished works, harm to an author or copyright holder’s privacy, right not to speak, or right not to associate.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2010-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68170467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Hoffman v. Red Owl Stores and the Limits of the Legal Method 霍夫曼诉红猫头鹰商店案和法律方法的局限性

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2009-11-09 DOI: 10.2139/SSRN.1494463

R. Scott

{"title":"Hoffman v. Red Owl Stores and the Limits of the Legal Method","authors":"R. Scott","doi":"10.2139/SSRN.1494463","DOIUrl":"https://doi.org/10.2139/SSRN.1494463","url":null,"abstract":"According to the overwhelming majority view, promissory estoppel is not an appropriate ground for legally enforcing statements made during preliminary negotiations unless there is a “clear and unambiguous promise” on which the counterparty reasonably and foreseeably relies. Bill Whitford and Stewart Macaulay were among the first scholars to note the apparent absence of such a promise in the case of Hoffman v. Red Owl Stores. Several years ago, after studying the trial record, I concluded that the best explanation for the breakdown in negotiations was the fundamental misunderstanding between the parties as to the amount and nature of Hoffmann’s equity contribution to the franchise. After locating and interviewing Hoffmann, Whitford and Macaulay tell a different story. They view as insignificant the misunderstanding about the nature of Hoffmann’s equity contribution. Rather, they focus attention on additional statements urging Hoffmann to sell his bakery business and store. In these later statements, ignored by the Wisconsin Supreme Court, they find the “missing promise” that they challenged all of us to look for years ago. While I credit their account, I remain as unconvinced by their story as they are of mine. Thus, the important question is how scholars could draw such different inferences from the same basic facts. In this Essay, I speculate that the different stories are a product of our respective methodological commitments: their commitment to a law and society approach to legal issues and mine to law and economics modes of analysis. Those diverse approaches illustrate the tension between “context” and “theory” and the inherent paradox of legal analysis: without context no legal rule can be applied, but with nothing but context no legal rule can be found. For this reason, I conclude, it is important for legal academics of every stripe to appreciate the biases inherent in their methodology of choice and work to correct for them","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2009-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68187666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2