Jurisprudential regime theory is a legal explanation of decision-making on the U.S. Supreme Court that asserts that a key precedent in an area of law fundamentally restructures the relationship between case characteristics and the outcomes of future cases. In this article, we offer a multivariate multiple change-point probit model that can be used to endogenously test for the existence of juris...

Psychiatric expert testimony is challenging in cases of violence when the accused person submits a defence that he or she was so overwhelmed by emotions triggered by an upsetting event that his or her violent behaviour was an uncontrollable consequence of the emotions. This defence is usually presented in terms of an automatism particularly not attributed to a mental disorder. Clouding testimon...

Drawing upon the burgeoning field of therapeutic jurisprudence, this Article analyzes the psychological consequences of estate planning. This analysis reveals that the preparation and implementation of an estate plan through the execution of a will and other estate-planning documents has both therapeutic and antitherapeutic characteristics. This analysis also suggests that the positive and nega...

We are fond of putting our judges into neat adjectival boxes, particularly when they sit on the Supreme Court. These typologies often reflect perceived attitudinal or ideological preferences; some Justices are called “liberal” or “conservative” or “moderate,” or occasionally some hyphenated combination thereof. Or the labels might seek to capture variations in jurisprudential philosophy or meth...

In jurisprudence methodological shifts of practical significance have seldom or never happened overnight. The discussion concerning legal methods and legal reasoning has been a challenge primarily for legal philosophers and many legal movements basically mirror a theoretical development. Nor is it always an easy task to elucidate methodological aspects related to legal reasoning in works of jur...

How is it possible for song and dance to exist in political incarceration and manifest itself later as public policy responding to apartheid atrocities? Examining the body of songs, oral history accounts, and eye-witness reports provided by fellow-prisoners of Mandela on Robben Island prison, I uncover a psychological environment mediated through music and dance--within the confines of a politi...