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The "Hidden Judiciary": An Empirical Examination of Executive Branch Justice
(Duke Law Journal, 2009)
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the ...
Altering Attention in Adjudication
(UCLA Law Review, 2013)
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
"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 ...