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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 ...
Does Unconscious Racial Bias Affect Trial Judges
(Notre Dame Law Review, 2009)
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit ...
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 ...
Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding
(University of Pennsylvania Law Review, 2005)
Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. ...
Insurers, Illusions of Judgment & Litigation
(Vanderbilt Law Review, 2006)
Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers ...
Inside the Judicial Mind
(Cornell Law Review, 2001)
The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid ...
Inside the Bankruptcy Judge's Mind
(Boston University Law Review, 2006)
Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products ...
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, ...