Now showing items 1-6 of 6
Heuristics and Biases at the Bargaining Table
(Marquette Law Review, 2004)
In this essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, we examine the role of heuristics in negotiation from two vantage points. First, we identify the way in which some common ...
Blinking on the Bench: How Judges Decide Cases
(Cornell Law Review, 2007)
How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, ...
Risk Realization, Emotion, and Policy Making
(Missouri Law Review, 2004)
In their study of terrorism and SARS, Professor Feigenson and his colleagues report "significant positive correlations between people's risk perceptions and their negative affect." In their review of the judgment and ...
Insights from Cognitive Psychology
(Journal of Legal Education, 2004)
My goal in this paper is to explore cognitive psychology's place in the dispute resolution field. To do so, I first look back and then look forward. Looking back, I identify the five insights from cognitive psychology that ...
Prospect Theory, Risk Preference, and the Law
(Northwestern University Law Review, 2003)
To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with ...
"The Threes": Re-Imagining Supreme Court Decisionmaking
(Vanderbilt Law Review, 2008)
In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect ...