Search
Now showing items 11-20 of 48
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 ...
An Empirical Evaluation of Specialized Law Reviews
(Florida State University Law Review, 1999)
The sudden, rapid, and widespread increase in the number of specialized
law reviews has attracted relatively little scholarly attention
even though it is the most significant development in legal academic
publishing in ...
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 ...
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 ...
Damages: Using a Case Study to Teach Law, Lawyering, and Dispute Resolution
(Journal of Dispute Resolution, 2004)
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of ...
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 ...
Better Settle than Sorry: The Regret Aversion Theory of Litigation Behavior
(University of Illinois Law Review, 1999)
Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on ...
Contrition in the Courtroom: Do Apologies Affect Adjudication?
(Cornell Law Review, 2013)
Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal ...
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, ...