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40 U. Balt. L. Rev. 607 (2010-2011)
Improving Clinical Judgment in Laywering with Mulitdisciplinary Knowledge about Brain Function and Human Behavior: What Should Law Students Learn about Human Behavior for Effective Lawyering

handle is hein.journals/ublr40 and id is 617 raw text is: IMPROVING CLINICAL JUDGMENT IN LAWYERING WITH MULTIDISCIPLINARY KNOWLEDGE ABOUT BRAIN FUNCTION AND HUMAN BEHAVIOR: WHAT SHOULD LAW STUDENTS LEARN ABOUT HUMAN BEHAVIOR FOR EFFECTIVE LAWYERING? Beryl Blaustonet I. INTRODUCTION AND OVERVIEW ..................609 II. WE DO NOT KNOW WHAT WE THINK WE KNOW.....618 A. We Automatically Think We Know More Than We Actually Do: We Assume Unconsciously That We Understand More About Everything ..............618 B. What We Believe to Be Objectively True Is Not Necessarily So: Belief Is Simply a Point of View. .........620 C. The Objects We Perceive Are Not Necessarily As They Appear to Be: Perceptual Blind Spots Exist in All Cognitive Functions ................ .............625 D. Accurate Recall Is a Falsehood ........... .......627 E. The Processes of Reasoning and Decision-Making Do Not Exist Independent of the Body.......... ....631 III. INTENTIONALITY-A METACOGNITIVE FRAMEWORK TO MITIGATE THE EFFECTS OF DEFAULT HUMAN BEHAVIOR... ....................637 A. Intentionality Framework.... ..................638 Stage 1) Internal Intention to External Attention:...........638 t Professor of Law, CUNY School of Law, and Director, Mediation Clinic, Main Street Legal Services, Inc. My research assistants, Joanna Donbeck, J.D. 2008; Dale Hunter, J.D. 2009; and Emily Mae Langdon, J.D. 2009, provided invaluable research assistance and collegial support in the evolution of this piece. I am especially indebted to Joanna Donbeck, who continued to provide tremendous research and feedback to me on the evolution of my thinking for the past three years. I also want to acknowledge the insightful contributions of Dr. Dale Hunter, who is a neuroscientist and, prior to law school, was a professor of neuroscience. I am profoundly grateful for Professor Susan Bryant's (CUNY) active engagement with me on both this subject matter as well as the evolution of this article. I am grateful for Professor Carmen Huertas' (CUJNY) encouragement and dialogue about this article. Lastly, I thank Professor Bobbie MaCadoo (Hamline University School of Law) for our mutual encouragement of each other's scholarship at the earliest stages of writing our respective articles. 607

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