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Full-Text Articles in Law
Defining The Problem Of Cost In Federal Civil Litigation, Emery G. Lee Iii, Thomas E. Willging
Defining The Problem Of Cost In Federal Civil Litigation, Emery G. Lee Iii, Thomas E. Willging
Duke Law Journal
No abstract provided.
Administrative Law, Filter Failure, And Information Capture, Wendy E. Wagner
Administrative Law, Filter Failure, And Information Capture, Wendy E. Wagner
Duke Law Journal
There are no provisions in administrative law for regulating the flow of information entering or leaving the system, or for ensuring that regulatory participants can keep up with a rising tide of issues, details, and technicalities. Indeed, a number of doctrinal refinements, originally intended to ensure that executive branch decisions are made in the sunlight, inadvertently create incentives for participants to overwhelm the administrative system with complex information, causing many of the decision-making processes to remain, for all practical purposes, in the dark. As these agency decisions become increasingly obscure to all but the most well-informed insiders, administrative accountability is …
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Vanessa Baird, Tonja Jacobi
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Vanessa Baird, Tonja Jacobi
Duke Law Journal
No abstract provided.
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Duke Law Journal
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 judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, Jack Knight
Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, Jack Knight
Duke Law Journal
No abstract provided.
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Duke Law Journal
Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of the courts. After all, appointment politics will predict judicial outcomes only when judges are independent of sitting politicians. Because Japanese Supreme Court justices enjoy an independence similar to that of U.S. federal judges, I use judicial outcomes to ask whether Japanese premiers from different parties have appointed justices with different political preferences. Although the Liberal Democratic Party (LDP) governed Japan for most of the postwar period, it temporarily …
Are Appointed Judges Strategic Too?, Joanna M. Shepherd
Are Appointed Judges Strategic Too?, Joanna M. Shepherd
Duke Law Journal
The conventional wisdom among many legal scholars is that judicial independence can best be achieved with an appointive judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of judicial elections successfully eliminated the appointive systems of many states by arguing that judges who owed their jobs to politicians could never be truly independent. Because the judiciary could function as a check and balance on the other governmental branches only if it truly were independent of them, the reformers reasoned that only popular elections could ensure a truly independent judiciary. Using a data set of virtually …
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Duke Law Journal
In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this phenomenon perpetuates racial bias in case outcomes. To test the hypothesis that judges and jurors misremember case facts in racially biased ways, I conducted an empirical study in which participants were asked to recall facts of stories they had read only minutes earlier. Results of the …
Is American Violence A Crime Problem?, Franklin E. Zimring, Gordon Hawkins
Is American Violence A Crime Problem?, Franklin E. Zimring, Gordon Hawkins
Duke Law Journal
No abstract provided.
Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar
Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar
Duke Law Journal
No abstract provided.
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
Duke Law Journal
No abstract provided.