Friday, December 9, 2011

'Thank God for the Lawyers': Some Thoughts on the (Mis)Regulation of Scientific Misconduct@SSRN, 12/9/11 12:07 PM

SSRN (@SSRN)
12/9/11 12:07 PM
This Week's Top 5 Papers: bit.ly/rWm0L8 #SSRN


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The brain on trial@Neurotechnology, 12/9/11 2:01 PM

Brain Technology (@Neurotechnology)
12/9/11 2:01 PM
The brain on trial, several experts discuss the rising influence of neuroscience in the courtroom kavlifoundation.org/science-spotli…


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Educational Psychologist

Wednesday, December 7, 2011

American Bar Association Releases Assessement of Kentucky's Death Penalty

On December 7, the American Bar Association released a report assessing Kentucky's system of captial punishment and calling for a halt to executions in the state.  

(Press Release, "Two Year Assessment of Death Penalty Procedures Prompts Call for Suspension of Executions in Kentucky," American Bar Association, December 7, 2011).  Read full report here.  See Representation and Studies.






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Monday, December 5, 2011

Atkins MR/ID Court Decision: Hill v Humphrey (GA; 2011; 11th Circuit Court) 2011)

Thanks to Kevin Foley for sending me the interesting Warren Lee Hill, Jr. V Carl Humphrey Atkins decision by the 11th Circuit Court of Appeals .  Of interest is the length of the opinion (110 pages).  Next, this was en banc decision decided by 11 judges (not the usual 3).  Finally, there was only one major issue---whether Georgia's proof beyond a reasonable doubt standard is unconstitutional.  The majority said no.   Judge Rosemary Barkett's dissent was recommended reading to me (begins on page 66). She contends that the standard is so hard to meet, that those with mild ID/MR are sure to lose, even though they are ID.  "The state court’s decision, however, endorses the use of a standard of proof so high that it effectively limits the constitutional right protected in Atkins to only those who are severely or profoundly mentally retarded."  pg 70 The prior 2010 appeals decision can be found here. The current decision can be found here.  

Saturday, December 3, 2011

Humor break. Some stat humor

Primus on Federal Habeas Law

Eve Brensike Primus (University of Michigan Law School) has posted A Crisis in Federal Habeas Law (Michigan Law Review, Vol. 110, April 2012) on SSRN. Here is the abstract: Everyone recognizes that federal habeas doctrine is a mess. Broad change...





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Educational Psychologist

Thursday, December 1, 2011

J Am Acad Psychiatry Law Table of Contents for 1 December 1975; Vol. 3, No. 4


Subject: J Am Acad Psychiatry Law Table of Contents for 1 December 1975; Vol. 3, No. 4

JAAPL Online Table of Contents Alert
Journal of the American Academy of Psychiatry and the Law Online
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JAAPL Online Table of Contents Alert

A new issue of Journal of the American Academy of Psychiatry and the Law Online is available online:
1 December 1975; Vol. 3, No. 4

The below Table of Contents is available online at: http://www.jaapl.org/content/vol3/issue4/index.dtl?etoc


ARTICLES
Editorial
Henry H. Foster, ESQ.
J Am Acad Psychiatry Law 1975;3 iv
http://www.jaapl.org/cgi/reprint/3/4/iv

The Tort Liability of the Psychiatrist
Sue Ellen Fishalow
J Am Acad Psychiatry Law 1975;3 191-230
http://www.jaapl.org/cgi/reprint/3/4/191

Aphasia and the Expert Medical Witness
Richard T. Rada, Bruce E. Porch, and Robert Kellner
J Am Acad Psychiatry Law 1975;3 231-237
http://www.jaapl.org/cgi/reprint/3/4/231

The Right of the Defendant to Refuse an Insanity Plea
Olga M. Bruning
J Am Acad Psychiatry Law 1975;3 238-244
http://www.jaapl.org/cgi/reprint/3/4/238

The Influence on Judges' Sentencing Practices of a Mental Evaluation
Gerald Cooke and Eric Pogany
J Am Acad Psychiatry Law 1975;3 245-251
http://www.jaapl.org/cgi/reprint/3/4/245

Cross-Cultural Forensic Psychiatry in Alaska
Joseph D. Bloom
J Am Acad Psychiatry Law 1975;3 252-256
http://www.jaapl.org/cgi/reprint/3/4/252

Causative Factors in Violence
Warren S. Wille
J Am Acad Psychiatry Law 1975;3 257-261
http://www.jaapl.org/cgi/reprint/3/4/257

The Devil's Advocate
Henry H. Foster, ESQ.
J Am Acad Psychiatry Law 1975;3 263-264
http://www.jaapl.org/cgi/reprint/3/4/263


BOOK REVIEWS
Malpractice Made Easy—Can You Believe That?
Alan R. Rosenberg and Jonas R. Rappeport
J Am Acad Psychiatry Law 1975;3 262
http://www.jaapl.org/cgi/reprint/3/4/262


The 5th Annual ABA Journal Blawg 100



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Sunday, November 27, 2011

Atkins ID/MR death penalty court decision: Frazier v Bobby (2011, Ohio)

Another recent Atkins decision. Frazier v Bobby (2011, Ohio). Thanks to Kevin Foley for sending me the copy.

Let the data speak: CHC theory of intelligence tipping point in mainstream intelligence research


From IQs Corner blog.  An indicator that the CHC "tipping point" has moved beyond the applied field of school psychology IQ testing and has occurred in mainstream intelligence research

Intelligent Insights on Intelligence Theories and Tests (aka IQ's Corner)

Intelligent Insights on Intelligence Theories and Tests (aka IQ's Corner)


Let the data speak. McGrew (2009) CHC intelligence article #6 most cited in journal Intelligence

Posted: 26 Nov 2011 05:03 PM PST


I was just doing some fun web browsing at the journal web site for the most prestigious journal in the field of intelligence (Intelligence) and was pleasantly surprised to see that my 2009 invited editorial is currently among the most cited articles in the journal (#6), and was #12 in the most read articles. Damn....this makes my day. Thanks to all who have read and cited it. This will make my mom and dad proud.

CHC theory and the human cognitive abilities project: Standing on the shoulders of the giants of psychometric intelligence research. Intelligence, Volume 37, Issue 1, January 2009, Pages 1-10, McGrew, K.S.

Abstract

During the past decade the Cattell-Horn Gf-Gc and Carroll Three-Stratum models have emerged as the consensus psychometric-based models for understanding the structure of human intelligence. Although the two models differ in a number of ways, the strong correspondence between the two models has resulted in the increased use of a broad umbrella term for a synthesis of the two models (Cattell-Horn-Carroll theory of cognitive abilities-CHC theory). The purpose of this editorial is three-fold. First, I will describe the CHC framework and recommend that intelligence researchers begin using the CHC taxonomy as a common nomenclature for describing research findings and a theoretical framework from which to test hypotheses regarding various aspects of human cognitive abilities. Second, I argue that the emergence of the CHC framework should not be viewed as the capstone to the psychometric era of factor analytic research. Rather, I recommend the CHC framework serve as the stepping stone to reinvigorate the investigation of the structure of human intelligence. Finally, the Woodcock-Muñoz Foundation Human Cognitive Abilities (HCA) project, which is an evolving, free, on-line electronic archive of the majority of datasets analyzed in Carroll's (1993) seminal treatise on factor analysis of human cognitive abilities, is introduced and described. Intelligence scholars are urged to access the Carroll HCA datasets to test and evaluate structural models of human intelligence with contemporary methods (confirmatory factor analysis). In addition, suggestions are offered for linking the analysis of contemporary data sets with the seminal work of Carroll. The emergence of a consensus CHC taxonomy and access to the original datasets analyzed by Carroll provides an unprecedented opportunity to extend and refine our understanding of human intelligence. © 2008 Elsevier B.V. All rights reserved.

Sunday, November 20, 2011

Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 374 Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining and Overcriminalization Lucian E. Dervan, Southern Illinois University School of Law, Date posted to...





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Educational Psychologist

Thursday, November 17, 2011

The brain and the law: 2011 symposium video (2.5 hours)

Long video, but starting points are provided for the different speakers. An interesting set of talks.

http://thatsbasicscience.blogspot.com/2011/11/your-legal-brain.html


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Vanderbilt law and neuroscience program@TheNeuroScience, 11/17/11 11:25 AM

Neuro Science (@TheNeuroScience)
11/17/11 11:25 AM
Innovative Vanderbilt program combines neuroscience and law sns.mx/qrhCy4


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Educational Psychologist

Tuesday, November 15, 2011

"Review of Martha J. Farah, ed., Neuroethics: An Introduction with Readings"

Review of Martha J. Farah, ed., Neuroethics: An Introduction with Readings Cambridge, MA: MIT Press, 2010, xv+379 pp. 70US(cloth) 35 US (paper) by Walter Glannon has been published in the most recent issue of Neuroethics.





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Educational Psychologist

Tuesday, November 8, 2011

Blogging status: BlogPress on the fritz and IAP's blogs going pro

Regular readers may have noticed a significant decrease in blog posts the past few weeks.  Why? 

I had moved all my blogging to my iPad as I have found it a much more efficient method for posting.  However, a few weeks ago Apple released its new IOS5.0 operating system.  After updating my iPad, my BlogPress app would crash.  I visited the developers web page and they had a note indicating they were aware of the crash and had submitted a fix to Apple for review.  I have been checking daily for the app upate, but it is not showing up.  So, please be patient.  I may go "old school" and do some blogging from my PC.

Also, I am just starting work with a professional web development company to integrate my IAP web page and professional blogs into a single professional looking (andmore efficient) web portal..  I will be spending significant time working with the developer on this new internet portal and migration of materials to the new server.  I have no idea how long this will take.

In the end the work will be worth it......so be patient.  I will do what I can to get back "up" and blogging with more regularity.  As soon as BlogPress gets the new app, you should see an uptick in posts. 

Thanks for your patience

"Is There a Need for Clinical Neuroskepticism?" - Neuroethics & Law Blog



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Sunday, November 6, 2011

Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 618 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 360 Overcriminalization 2.0: The...





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Educational Psychologist

Monday, October 31, 2011

Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 612 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 358 Overcriminalization 2.0: The...





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Educational Psychologist

Saturday, October 29, 2011

Wednesday, October 26, 2011

"No Nonsense Neuro-law"

Neuroethics & Law Blog
No Nonsense Neuro-law by Sarah K. Robins and Carl F. Craver has been published in the most recent issue of Neuroethics: Abstract: In Minds, Brains, and Norms, Pardo and Patterson deny that the activities of persons (knowledge, rule-following, interpretation) can...
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Monday, October 24, 2011

FYIPOST: "Minds, Brains, and Norms"

Minds, Brains, and Norms by Michael S. Pardo and Dennis Patterson has been published in the current issue of Neuroethics: Abstract Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience...





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Educational Psychologist

Sunday, October 23, 2011

On the road again...blogging lite or 0 this week--of to NYASP conference to present

Atkins MR/ID Death Penalty Decision: Herring v Florida (2011)

Yet another Florida Atkins decision that fails to acknowledge the standard error of measurement. I have previously lamented the unbelievable "Cherry court" bright lint (no SEM allowed) decision previously and won't restate my disbelief again (click here to visit). The latest decision to not allow the use of the SEM is Herring v Florida.

Come on Florida. The SEM is a scientifically accepted fact....beyond dispute.

Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 594 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 348 Overcriminalization 2.0: The...





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