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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, ...
Judging by Heuristic: Cognitive Illusions in Judicial Decision Making
(Judicature, 2002)
The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid ...