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Full-Text Articles in Judges
Does A Judge's Party Of Appointment Or Gender Matter To Case Outcomes?: An Empirical Study Of The Court Of Appeal For Ontario, James Stribopoulos, Moin A. Yahya
Does A Judge's Party Of Appointment Or Gender Matter To Case Outcomes?: An Empirical Study Of The Court Of Appeal For Ontario, James Stribopoulos, Moin A. Yahya
Osgoode Hall Law Journal
A recent study by Cass Sunstein identified ideological differences in the votes cast by judges on the United States Courts of Appeals in certain types of cases. He found that these patterns varied depending on the ideology of an appellate judge's co-panelists. In this study, we undertake a similar examination of the busiest appellate court in Canada, the Court of Appeal for Ontario. This study collects data on the votes cast by individual judges in every reported decision between 1990 and 2003. Each case was cod6d by type, for example "criminal law," "constitutional law," or "private law." In addition, the …
Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Andrew J. Wistrich
Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency of the human brain to make automatic, snap judgments, which are surprisingly accurate, but which …