Browsing Vanderbilt Law School Faculty Works by Author "Guthrie, Chris"
Now showing items 21-40 of 48
-
Guthrie, Chris; Franck, Susan D.; Aaken, Anne Van; Freda, James; Rachlinski, Jeffrey J. (Emory Law Journal, 2017)Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This ...
-
Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (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 ...
-
Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (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 ...
-
Guthrie, Chris (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 ...
-
Guthrie, Chris; Rachlinski, Jeffrey John (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 ...
-
George, Tracey E.; Guthrie, Chris (Journal of Legal Education, 2002)In the absence of empirical evidence and in the face of conflicting intuitions, there is no way to assess the relevance of collaborative work to the development of law and legal scholarship. In this essay we seek to fill ...
-
George, Tracey E.; Guthrie, Chris (Journal of Legal Education, 2002)For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a ...
-
Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (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 ...
-
Guthrie, Chris; Rachlinski, Jeffrey J.; Wistrich, Andrew J. (Vanderbilt Law Review, 2017)In twenty-five different experiments conducted on over 2,200 judges, we assessed whether judges' political ideology influences their resolution of hypothetical cases. Generally, we found that the political ideology of the ...
-
Guthrie, Chris (Harvard Negotiation Law Review, 2001)Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...
-
Guthrie, Chris (Nevada Law Journal, 2007)Judging is difficult. This is obviously so in cases where the law is unclear or the facts are uncertain. But even in those cases where the law is as clear as it can be, and where the relevant facts have been fully developed, ...
-
Guthrie, Chris; Korobkin, Russell (The Ohio State Journal on Dispute Resolution, 1994)When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment ...
-
Guthrie, Chris (Iowa Law Review, 2003)The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...
-
Guthrie, Chris; Levin, James (Ohio State Journal on Dispute Resolution, 1998)During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation ...
-
Guthrie, Chris (Marquette Law Review, 2004)Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
-
Guthrie, Chris (Journal of Dispute Resolution, 2002)Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
-
Guthrie, Chris (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 ...
-
Guthrie, Chris; Korobkin, Russell (Michigan Law Review, 1994)The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provides an important first step in understanding why some lawsuits settle and others go to trial. Rational miscalculation ...
-
Guthrie, Chris; Korobkin, Russell (Texas Law Review, 1997)Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict ...
-
Guthrie, Chris; George, Tracey E. (Duke Law Journal, 2009)We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...