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Judges and Their Emotions
(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 ...
Emotional Regulation and Judicial Behavior
(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 Persistent Cultural Script of Judicial Dispassion
(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 ...
Adolescent Brain Science After Graham v. Florida
(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
(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 ...
Law, Emotion, and Terra Nova: Neal Feigenson as Both Radical and Reformer
(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 Emotionally Intelligent Judge
(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 ...
Why Choose? A Response to Rachlinski, Wistrich, & Guthrie's "Heart Versus Head: Do Judges Follow the Law or Follow Their Feelings?"
(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, ...