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Full-Text Articles in Law
Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.
Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.
Faculty Publications
Cognitive psychologists know that judgments made in hindsight are distorted by two cognitive heuristics-hindsight bias and outcome bias. Hindsight bias makes bad outcomes seem more predictable in hindsight than they were ex ante. Outcome bias induces us to assume that people who cause accidents have been careless. Because of these biases, individuals who know that a bad outcome has occurred tend to evaluate prior conduct more harshly than they would if they were unaware of the actual outcome. In negligence actions, defendants are supposed to be judged by the reasonableness of their conduct, not by its outcome. Jurors are asked …
Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen
Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen
Faculty Publications
American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.