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Articles 1 - 10 of 10
Full-Text Articles in Judges
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Articles & Book Chapters
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
BYU Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
The Neural Correlates Of Third-Party Punishment, Owen D. Jones, Joshua Buckholtz, Christopher L. Asplund, Paul E. Dux, David H. Zald, John C. Gore, Rene Marois
The Neural Correlates Of Third-Party Punishment, Owen D. Jones, Joshua Buckholtz, Christopher L. Asplund, Paul E. Dux, David H. Zald, John C. Gore, Rene Marois
Owen Jones
This article reports the discovery, from the first full-scale law and neuroscience experiment, of the brain activity underlying punishment decisions.
We used functional magnetic resonance imaging (fMRI) to measure brain activity of subjects as they read hypothetical scenarios about harm-causing protagonists and then decided whether to punish and, if so, how much.
The key variables were: a) presence or absence of excusing, justifying, or otherwise mitigating factors (such as acting under duress); and b) harm severity (which ranged from a stolen CD to a rape/murder/torture combination).
Findings include:
(1) Analytic and emotional brain circuitries are jointly involved, yet quite separately …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Taking Laughter Seriously At The Supreme Court, Tonja Jacobi, Matthew Sag
Taking Laughter Seriously At The Supreme Court, Tonja Jacobi, Matthew Sag
Faculty Articles
Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court’s serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at the Court since 1955, this Article shows that the Justices of the Supreme Court use courtroom humor as a tool of advocacy and a signal of their power and status. As the Justices have taken on a greater advocacy role in the modern era, they have also provoked more laughter.
The performative nature of courtroom humor is apparent …
(Un)Conscious Judging, Elizabeth Thornburg
(Un)Conscious Judging, Elizabeth Thornburg
Faculty Journal Articles and Book Chapters
Fact inferences made by the trial judge are the lynchpin of civil litigation. If inferences were a matter of universally held logical deductions, this would not be troubling. Inferences, however, are deeply contestable conclusions that vary from judge to judge. Non-conscious psychological phenomena can lead to flawed reasoning, implicit bias, and culturally influenced perceptions. Inferences differ significantly, and they matter. Given the homogeneous makeup of the judiciary, this is a significant concern.
This Article will demonstrate the ubiquity, importance, and variability of inferences by examining actual cases in which trial and appellate (or majority and dissenting) judges draw quite different …
Empirically Investigating Judicial Emotion, Terry A. Maroney
Empirically Investigating Judicial Emotion, Terry A. Maroney
Vanderbilt Law School Faculty Publications
The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this article proposes a theoretical taxonomy of approaches to its empirical exploration. It then presents and analyses extant examples of such research, with a focus on how the questions they ask fit within the taxonomy and the methods they use to answer those questions. It concludes by identifying areas for growth in the disciplined, data-based exploration of the many facets of judicial emotion.