Commonsense Consent

Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This Article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenariosspanning numerous contexts in which consent islegally salient, including sex, surgery, participation in medical research, warrantless searches by police, and contracts. Armed with this empirical finding, this Article revisits a longstanding legal puzzle about why the law refuses to treat fraudulently procured consent to sexual intercourse as rape. It exposes how prevailing explanations for this puzzle have focused too narrowly on sex. It suggests instead that the law may be influenced by the commonsense understanding of consent in all sorts of domains, including and beyond sexual consent. Meanwhile, the discovery of “commonsense consent” allows us to see that the problem is much deeper and more pervasive than previous commentators have realized. The findings expose a large—and largely unrecognized—disconnect between commonsense intuition and the dominant philosophical conception of consent. The Article thus grapples with the relationship between folk morality, normative theory, and the law

What Do Consumers Understand About Predispute Arbitration Agreements? An Empirical Investigation

The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast majority of survey respondents (over 97%) report having opened an account with a company that requires disputes to be submitted to binding arbitration (e.g., Netflix, Hulu, Cash App, a phone or cable company), yet most are unaware that they have, in fact, agreed to mandatory arbitration (also known as “forced arbitration”). Indeed, over 99% of respondents who think they have never entered into an arbitration agreement likely have done so. Over 92% of respondents report that they have never based a decision to use a product or service on whether the terms and conditions contain an arbitration agreement. When prompted, they largely endorse the following reasons: they were unaware of the arbitration clause, they did not read the terms and conditions, and they thought they had no choice but to agree to mandatory arbitration. Moreover, many respondents presume that if a dispute arises, they will still be able to access the public courts, notwithstanding that they agreed to the terms and conditions. Consumers are largely unaware of opportunities to opt out of mandatory arbitration. They generally do not pay attention to or retain information about the steps required to opt out successfully (e.g., contacting the company within a specified time period). Generally, consumers are unaware that companies like Cash App and Venmo (mobile payment systems utilized by nearly 60% of respondents) allow customers to opt out of mandatory arbitration if they act within a limited time period. Among the minority of respondents (21%) who stated that they had been given an opportunity to opt out, vanishingly few could name any of the steps required to opt out successfully. When presented with a run-of-the-mill contract, of the type consumers routinely encounter, most respondents did not take notice of the arbitration clause. Less than 5% of respondents could recall that the contract they were shown had said anything at all about arbitration. Furthermore, most consumers misperceive the consequences of signing a predispute arbitration agreement. Most mistakenly believe that, after agreeing to terms and conditions mandating binding arbitration, they can still choose to settle their dispute in court, have a jury decide their case, join a class action, and appeal a decision made based on a legal error. For instance, less than 5% of respondents correctly reported that they could neither appeal an erroneous decision to another arbitrator (or set of arbitrators) nor start all over again in court. Less than 1% of respondents correctly understood the full significance of the arbitration agreement, as indicated by their responses to questions about whether they retained the rights to sue, have a jury decide their case, access the public courts, and appeal a decision based on a legal error. In summary, consumers are generally unaware of arbitration clauses, and they tend to hold mistaken beliefs about how arbitration agreements affect consumers’ procedural rights

Alien Registration- Beaulieu, Roseanna (Lewiston, Androscoggin County)

https://digitalmaine.com/alien_docs/29993/thumbnail.jp

An evaluation of the twentieth century British and American criticism of Sir Walter Scott's major narrative poems

Not available.Roseanna BurkeNot ListedNot ListedMaster of ScienceDepartment of EnglishCunningham Memorial Library, Terre Haute, Indiana State University.isua-thesis-1949-burke.pdfMastersTitle from document title page. Document formatted into pages: contains 60p. : ill. Includes bibliography

Alien Registration- Sawyer, Roseanna (Waterville, Kennebec County)

https://digitalmaine.com/alien_docs/15116/thumbnail.jp

Contract Schemas

This review draws on the notion of “contract schemas” to characterize what ordinary people think is happening when they enter into contractual arrangements. It proposes that contracts are schematically represented as written documents filled with impenetrable text containing hidden strings, which are routinely signed without comprehension. This cognitive template, activated whenever people encounter objects with these characteristic features, confers certain default assumptions, associations, and expectancies. A review of the literature suggests that contract schemas supply (a) the assumption that terms will be enforced as written, (b) the feeling that one is obligated to perform, and (c) the sense that one has forfeited rights. Contract schemas should be of interest to legal scholars, because their psychological and behavioral effects often sit at odds with contract doctrine. Laypeople expect the law to find consent in situations where they would prefer it did not, and where it in fact does not. Contract schemas should also be of interest to ordinary consumers, who may find themselves relinquishing legally valid claims, erroneously assuming away rights, and/or blaming themselves. Future research should explore the consequences that flow from the lay perception that the law is rigidly formalistic to the detriment of fairness. Do such attitudes undermine the perceived moral authority of the law

Alien Registration- Asselin, Roseanna (Auburn, Androscoggin County)

https://digitalmaine.com/alien_docs/30846/thumbnail.jp

Gun Violence Among School-Age Youth in Chicago

Outlines findings from data reviews, surveys, and interviews on the victims and perpetrators of youth gun violence, turning points for youth involvement, and possible interventions. Highlights the need for evaluations of prevention strategies

Alien Registration- Shaw, Roseanna (Lewiston, Androscoggin County)

https://digitalmaine.com/alien_docs/28170/thumbnail.jp