Indiana Law Journal 

About: Indiana Law Journal is an academic journal. The journal publishes majorly in the area(s): Supreme court & Constitution. It has an ISSN identifier of 0019-6665. Over the lifetime, 1406 publications have been published receiving 7509 citations. The journal is also known as: Ind. LJ.

The Carnegie Foundation for the Advancement of Teaching

Abstract: THE ninth annual report of the president and the treasurer of the Carnegie Foundation for the Advancement of Teaching, for the year ending September 30, 1914, shows a total endowment of 2,850,000l., a surplus of 249,000l., an annual income of 149,200l., and an annual expenditure of 143,200l. Of this 9400l. was spent in administration, 9400l. in educational inquiry, and 126,800l. in retiring allowances and pensions. During the year twenty-nine retiring allowances and fifteen widows pensions were granted, the average grant being 329l. 10s., The total number of allowances now in force is 332, the total number of widows' pensions 100, the general average grant being 319l. The total number of allowances granted since the beginning of the foundation is 595, the total expenditure for this purpose being 710,200l.

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.