Jeremy A. Blumenthal

Bio: Jeremy A. Blumenthal is an academic researcher from Syracuse University. The author has contributed to research in topics: Empirical legal studies & Empirical research. The author has an hindex of 10, co-authored 29 publications receiving 488 citations. Previous affiliations of Jeremy A. Blumenthal include University of the Pacific (United States) & West Virginia University College of Law.

Supported Decision-Making: A Viable Alternative to Guardianship?

Abstract: 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 empowers individuals with cognitive challenges by ensuring that they are the ultimate decision-maker but are provided support from one or more others, giving them the assistance they need to make decisions for themselves. This article describes supported decision-making and its normative appeal. It then provides a descriptive account of how supported decision-making works based on the empirical literature on supported decision-making as well as that on shared decision-making, a related model used in medical contexts. The article shows how employing supported decision-making in lieu of guardianship, or integrating it into the guardianship system, has the potential to promote the self-determination of persons with intellectual and cognitive disabilities consistent with international and national legal norms. However, we find that, despite much rhetoric touting its advantages, little is known about how supported decision-making processes operate or about the outcomes of those processes. Further research is necessary to design and develop effective supported decision-making systems. We therefore propose a series of research questions to help inform policy choices surrounding supported decision-making.

Emotion and the Law

Abstract: 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 behavior of legal actors, and the structure of legal institutions. In light of law's focus on influencing social norms and on structuring effective and just institutions, one development that holds enormous promise is the growing interdisciplinary interest in collective decision making and in the emotional dynamics of groups. Work in the affective sciences on how emotion and cognition interact is another rich vein for legal scholars interested in the assessment of responsibility and blame, the role of morality in law, and a host of other areas. Another important frontier is exploration of concrete solutions to the problems identified by law and emotion scholars.

Law and the Emotions: The Problems of Affective Forecasting

Abstract: 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 place of the emotions in the law. Implicit in some of these theories, however - and explicit in others - is the assumption that emotions are "predictable," "manageable," and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates individuals' inability to accurately predict future emotional states, both their own and others'. Such inaccuracy has surprisingly broad implications for both substantive and procedural aspects of the legal system. The research findings also demonstrate the implausibility of some theoretical models of the emotions; if these models are flawed, then the normative conclusions drawn from them may be flawed as well. In this Article I review the psychological data demonstrating inaccuracies in affective forecasting, and spin out their implications in a number of substantive legal areas. The data show potential flaws in the way civil juries assign compensatory awards, and in our approach to certain aspects of sexual harassment law. The findings have profound implications for the presentation of victim impact statements to capital juries, but also undercut some abolitionist claims regarding the suffering that death row prisoners experience. Contract law is implicated by these findings, especially in the context of contracts for surrogate motherhood. And the data are relevant to areas of health law as well - for instance, regarding the use of advance directives broadly as well as in the specific context of euthanasia. I also discuss broader issues, such as the implications of the affective forecasting research for theories of law and the emotions more broadly. In this discussion I include some of the specific drawbacks to some current theories. In addition, I address the data's implications for the very theories of welfare and well-being that underlie much legal policy, as well as some speculations about what the findings might have to say about potential paternalistic policies.

Law and Social Science in the Twenty-First Century

Abstract: 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 ignoring their theories and research. At the same time, the law has typically viewed social science as atheoretical, or as not yet having reached sufficient consensus to have anything helpful to say to the legal system. In the present paper I address a number of these issues: the peculiar relationship between psychology and law; traditional areas that psycholegal scholars have examined and the successes and failures in those areas; evaluation of some of the current trends of incorporating social science work into legal academia (e.g., behavioral law and economics, law and the emotions); and, especially, suggestions for how to ameliorate some of the tension between the two disciplines that has led to frustration on both "sides." In addition to descriptive accounts of successful and unsuccessful interdisciplinary work by both legal scholars and social scientists, I try to identify ways of addressing some of the tensions between law and social science - some may be irremediable, but for others I suggest concrete ways to resolve them. First, I discuss substantive areas in which interdisciplinary communication can be developed. I also emphasize methodological steps social scientists can take to most usefully present research to the legal system, focusing on meta-analytic techniques in particular. In the article's final sections I address tensions less conducive to remedy, but I close with optimism about the present and future of law and social science in the twenty-first century.

Does Mood Influence Moral Judgment?: An Empirical Test with Legal and Policy Implications

Abstract: 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 decisions is an important question for the law. Watching a certain sort of movie, for instance, can significantly influence responses to opinion polls conducted shortly after that movie. Legislative action based on public opinion as so expressed, or media reports of public opinion based on such polls, could thus inaccurately reflect that public sentiment. This is especially so for social and policy issues that are heavily emotional, such as capital punishment or affirmative action. Most discussion on law and emotions has been theoretical, addressing philosophical approaches to law and emotion. What psychological data exist are mixed, and virtually none appears in the legal literature. Thus, to bring the legal academic discussion into the realm of the empirical, and to provide further data on the question of affective influences on moral and legal decision-making, I conducted two experimental studies examining mood's influence on moral judgments. After clarifying what I mean by "moral judgment" and how I measured it, I report the methodologies and results of those studies. Briefly, the data support other empirical research showing that individuals in a positive mood (here, happiness) tend to process information more superficially than those in a negative mood (here, anxiety). I then discuss the results' implications for the legal system, including implications for trials (e.g., victim impact statements or graphic testimony), and implications for public policy-making (e.g., the context of public opinion polls and surveys). Most broadly, the data contribute to the developing legal literature on the role of emotions in the law. They highlight the importance of conducting empirical research, and of the translation of such empirics to specific legal and policy applications.

Family Control and Family Firm Valuation by Family CEOs: The Importance of Intentions for Transgenerational Control

Abstract: Family firms are thought to pursue nonfinancial goals that provide socioemotional wealth, but socioemotional wealth is feasible only with family control of the firm. Using prospect theory, we hypothesize that socioemotional wealth increases with the extent of current control, duration of control, and intentions for transgenerational control, thus adding to the price at which owners would be willing to sell their firms to nonfamily buyers. Findings from two countries show that current control has no impact, and duration of control has a mixed impact. However, intention for transgenerational control has a consistently positive impact on the perceived acceptable selling price.

Youth Psychopathy and Criminal Recidivism: A Meta-Analysis of the Psychopathy Checklist Measures

Abstract: Although narrative reviews have suggested that “youth psychopathy” is a strong predictor of future crime and violence, to date no quantitative summaries of this literature have been conducted. We meta-analyzed recidivism data for the Psychopathy Checklist measures across 21 non-overlapping samples of male and female juvenile offenders. After removing outliers, psychopathy was significantly associated with general and violent recidivism (r w's of .24 and .25, respectively), but negligibly related to sexual recidivism in the few studies examining this low base rate outcome. Even after eliminating outliers, however, considerable heterogeneity was noted among the effects, with some of this variability being explained by the gender and ethnic composition of the samples. Effect sizes for the small number of female samples available for analysis were mostly small and nonsignificant, and psychopathy was a weaker predictor of violent recidivism among more ethnically heterogeneous samples. In relation to predicting both general and violent recidivism, psychopathy performed comparably to an instrument designed specifically to assess risk, the Youth Level of Service/Case Management Inventory (Hoge & Andrews, 2002).

Positive interventions: An emotion regulation perspective.

Abstract: The rapid growth of the literature on positive interventions to increase “happiness” has suggested the need for an overarching conceptual framework to integrate the many and apparently disparate findings. In this review, we used the process model of emotion regulation (Gross, 1998) to organize the existing literature on positive interventions and to advance theory by clarifying the mechanisms underlying their effectiveness. We have proposed that positive emotions can be increased both in the short- and longer-term through 5 families of emotion regulation strategies (i.e., situation selection, situation modification, attentional deployment, cognitive change, and response modulation), showing how these emotion regulation strategies can be applied before, during, and after positive emotional events. Regarding short-term increases in positive emotions, our review found that attentional deployment, cognitive change, and response modulation strategies have received the most empirical support, whereas more work is needed to establish the effectiveness of situation selection and situation modification strategies. Regarding longer-term increases in positive emotions, strategies such as situation selection during an event and attentional deployment before, during, and after an event have received strong empirical support and are at the center of many positive interventions. However, more work is needed to establish the specific benefits of the other strategies, especially situation modification. We argue that our emotion regulation framework clarifies existing interventions and points the way for new interventions that might be used to increase positive emotions in both nonclinical and clinical populations.

Positive organizational psychology, behavior, and scholarship: A review of the emerging literature and evidence base

Abstract: The positive psychology movement seems to have stimulated new research and applications well beyond the discipline of traditional psychology. Among the various areas of inquiry, research and scholarship about positive organizations have received considerable attention from both researchers and practitioners. The current review examined the scholarly literature published between 2001 and 2009 on positive organizational psychology to provide a detailed picture of the current state of the field. This review sought to discover the overall growth rate, trends, and prevalent topics in the literature. It also aspired to provide an understanding of the empirical evidence for each topic through in-depth reviews. The findings suggest that there is a growing body of scholarly literature and an emerging empirical evidence base on topics related to positive organizations. Strengths, limitations, and implications of building a practical knowledge base for making significant improvements in the quality of working life a...