Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Access to justice (1)
- Article III courts (1)
- Authority (1)
- Bias (1)
- Binding (1)
-
- Character (1)
- Character evidence (1)
- Civil procedure (1)
- Civil rights (1)
- Cognition (1)
- Conflict resolution (1)
- Constitutional law (1)
- Copyright Alternatives in Small-Claims Enforcement (CASE) Act of 2017 (1)
- Copyright infringement (1)
- Copyright law (1)
- Courts (1)
- Decision making (1)
- Delegalization (1)
- Dispute resolution (1)
- Doctrine of chances (1)
- Due Process (1)
- Emotion (1)
- Federal courts (1)
- Henthorn (1)
- Hierarchy of authority (1)
- Intent (1)
- International law (1)
- Judges (1)
- Judicial behavior (1)
- Judicial choice (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Publications
The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
Publications
Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second, bias, emotion, …
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
Publications
No abstract provided.
Commentary, Improving The Quality And Consistency Of Copyright Infringement Analysis In Music, Kristelia A. García
Commentary, Improving The Quality And Consistency Of Copyright Infringement Analysis In Music, Kristelia A. García
Publications
No abstract provided.
Celebrating Mundane Conflict, Deborah J. Cantrell
Celebrating Mundane Conflict, Deborah J. Cantrell
Publications
This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals …
Character Flaws, Frederic Bloom
Character Flaws, Frederic Bloom
Publications
Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance to consider character …