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Does Unconscious Racial Bias Affect Trial Judges
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-knownExpand
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Blinking on the Bench: How Judges Decide Cases
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? DebateExpand
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Heart versus Head: Do Judges Follow the Law or Follow Their Feelings?
Emotion is a fundamental aspect of human existence. In normal, healthy people, feelings about options exert a powerful influence on choice. Intuition and anecdote suggest that people react moreExpand
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Inside the Judicial Mind
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 understandablyExpand
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Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding
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 inadmissibleExpand
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Framing Frivolous Litigation: A Psychological Theory
This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that theExpand
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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 ofExpand
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Psychological Barriers to Litigation Settlement: An Experimental Approach
** Research Fellow, SCCN. B.A. 1989, Stanford; Ed.M. 1991, Harvard; J.D. 1994, Stanford. Ed. Research support for this project was provided by a generous grant from the SCCN. The authors thank RobertExpand
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Does Unconscious Bias Affect Trial Judges
Research suggesting the influence of unconscious racism and sexism has proliferated in recent years. Even people who embrace explicitly egalitarian norms harbor invidious implicit associationsExpand
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Prospect Theory, Risk Preference, and the Law
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 ofExpand
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