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Full-Text Articles in Legal Education
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
Faculty Scholarship
This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all …
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
Donald G Gifford
This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all …
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Nancy Levit
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …