Browsing Vanderbilt Law School Faculty Works by Author "Maroney, Terry A."

Now showing items 1-15 of 15

    • Adolescent Brain Science After Graham v. Florida 
      Maroney, Terry A. (Notre Dame Law Review, 2011)
      In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without possibility of parole for a non-homicide crime committed when the offender was under the age of eighteen. In an ...
    • Angry Judges 
      Maroney, Terry A. (Vanderbilt Law Review, 2012)
      Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the ...
    • Emotional Common Sense as Constitutional Law 
      Maroney, Terry A. (Vanderbilt Law Review, 2009)
      In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional ...
    • Emotional Competence, "Rational Understanding," and the Criminal Defendant 
      Maroney, Terry A. (American Criminal Law Review, 2006)
      Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as ...
    • Emotional Regulation and Judicial Behavior 
      Maroney, Terry A. (California Law Review, 2011)
      Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-realist era it is possible to acknowledge that judges have emotional reactions to ...
    • The Emotionally Intelligent Judge 
      Maroney, Terry A. (Court Review, 2013)
      Judges, like all of us, have been acculturated to an ideal of dispassion. But judges experience emotion on a regular basis. Judicial emotion must be managed competently. The psychology of emotion regulation can help judges ...
    • The False Promise of Adolescent Brain Science in Juvenile Justice 
      Maroney, Terry A. (Notre Dame Law Review, 2009)
      Recent scientific findings about the developing teen brain have both captured public attention and begun to percolate through legal theory and practice. Indeed, many believe that developmental neuroscience contributed to ...
    • In Family Law, Love's Got a Lot to Do With It: A Response to Phillip Shaver 
      Maroney, Terry A. (Virginia Journal of Social Policy & the Law, 2009)
      In a contribution to this Symposium on Law and Emotion: Re-Envisioning Family Law, Phillip Shaver and his co-authors succinctly encapsulate contemporary psychological theory on interpersonal attachment -- primarily ...
    • Judges and Their Emotions 
      Maroney, Terry A. (Northern Ireland Legal Quarterly, 2013)
      This article has briefly set forth the fundamental flaws in the ideal of judicial dispassion, made the case that judges are best advised to engage with rather than suppress their emotions, and demonstrated how taking such ...
    • Law, Emotion, and Terra Nova: Neal Feigenson as Both Radical and Reformer 
      Maroney, Terry A. (Quinnipiac Law Review, 2012)
      Law and emotion scholarship can engage with law on its own terms. It can seek to expose moments where the law already incorporates some kind of emotional component, and it can show how a richer understanding of emotion ...
    • The Persistent Cultural Script of Judicial Dispassion 
      Maroney, Terry A. (California Law Review, 2011)
      In contemporary Western jurisprudence it is never appropriate for emotion - anger, love, hatred, sadness, disgust, fear, joy - to affect judicial decision-making. A good judge should feel no emotion; if she does, she puts ...
    • The Struggle Against Hate Crime: Movement at a Crossroads 
      Maroney, Terry A. (New York University Law Review, 1998)
      The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions ...
    • Unlearning Fear of Out-Group Others 
      Maroney, Terry A. (Law and Contemporary Problems, 2009)
      In this brief Comment, Maroney offers a perspective based in the scientific study of fear and social-group judgment. She discusses research showing that humans display heightened, persistent fear responses to "outgroup" ...
    • (What We Talk About When We Talk About) Judicial Temperament 
      Maroney, Terry A. (Boston College Law Review, 2020)
      Judicial temperament is simultaneously the thing we think all judges must have and the thing that no one can quite put a finger on. Extant accounts are scattered and thin, and either present a laundry list of desirable ...
    • Why Choose? A Response to Rachlinski, Wistrich, & Guthrie's "Heart Versus Head: Do Judges Follow the Law or Follow Their Feelings?" 
      Maroney, Terry A. (Texas Law Review, 2015)
      In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, ...