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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 ...
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. ...
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 ...
Misjudging
(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, ...