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Judicial Politics and Decisionmaking: A New Approach
(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 ...
"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 decisionmaking. We recognize, of course, that this ...
Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer
(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 ...
Inside the Arbitrator's Mind
(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 ...
Remaking the United States Supreme Court in the Courts' of Appeals Image
(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 ...
"The Threes"
(Vanderbilt Law Review, 2008)
Law school professors control the production of lawyers and influence the evolution of law. Understanding who is hired as a tenure-track law professor is of clear importance to debates about the state of legal education ...
Understanding Settlement in Damages (and Beyond)
(Journal of Dispute Resolution, 2004)
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, ...
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 ...
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals
(Florida State University Law Review, 2005)
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...
The Impact of the Impact Bias on Negotiation
(Marquette Law Review, 2004)
The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...