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Full-Text Articles in Law
Can Judges Ignore Inadmissible Information? The Difficulty Of Deliberately Disregarding, Chris Guthrie, Andrew J. Wistrich
Can Judges Ignore Inadmissible Information? The Difficulty Of Deliberately Disregarding, Chris Guthrie, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. Empirical research confirms that this skepticism is well founded. Many courts and commentators, however, assume that judges can accomplish what jurors cannot. This Article reports the results of experiments we have conducted to determine whether judges can ignore inadmissible information. We found that the judges who participated in our experiments struggled to perform this challenging mental task. The judges had difficulty disregarding demands disclosed during a settlement …
Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George
Developing A Positive Theory Of Decisionmaking On U.S. Courts Of Appeals, Tracey E. George
Vanderbilt Law School Faculty Publications
As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, to date, the issue has received mostly normative treatment, this Article proceeds systematically and confronts the positive inquiry: how do courts of appeals judges actually decide cases? The Article proposes theoretically, tests empirically, and considers the implications of, a combined attitudinal and strategic model of en banc court of appeals decision making. The results challenge the classicist judges, legal scholars, and practitioners' normative frameworks, and suggest positive theory's …
Judge Learned Hand And The Limits Of Judicial Discretion, Robert S. Lancaster
Judge Learned Hand And The Limits Of Judicial Discretion, Robert S. Lancaster
Vanderbilt Law Review
Learned Hand stands among the great judges of the Anglo-American legal tradition. He is preeminently the judge's judge. His long judicial career, spanning one of the crucial periods in the development of American law, and his long service on the bench in a circuit where crucial legal issues come into final focus and where a major part of the commercial law of the nation is first enunciated and explained, peculiarly fit him for the task of explaining the judge's function in the American system of law and the court's role in our jural order. His own legal experience, his non-official …