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Jurisprudence

Judges

Articles 1 - 11 of 11

Full-Text Articles in Law

The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley Jan 2018

The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley

Articles

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 ...


The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks Jan 2012

The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks

Articles

Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.


A Reply--The Missing Portion, Pierre Schlag Jan 2003

A Reply--The Missing Portion, Pierre Schlag

Articles

No abstract provided.


Beyond Interpretation, Pierre Schlag Jan 2002

Beyond Interpretation, Pierre Schlag

Articles

No abstract provided.


The American "Adversary System"?, William T. Pizzi Jan 1998

The American "Adversary System"?, William T. Pizzi

Articles

No abstract provided.


Authorizing Interpretation, Pierre Schlag Jan 1998

Authorizing Interpretation, Pierre Schlag

Articles

No abstract provided.


Anti-Intellectualism, Pierre Schlag Jan 1995

Anti-Intellectualism, Pierre Schlag

Articles

No abstract provided.


Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Articles

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Articles

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it ...


Three Mistakes About Interpretation, Paul Campos Jan 1993

Three Mistakes About Interpretation, Paul Campos

Articles

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Articles

No abstract provided.