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Full-Text Articles in Law
Advice, Sean H. Williams
Advice, Sean H. Williams
Utah Law Review
This Article seeks to resurrect an ancient technology for enhancing the welfare of others: peer advice. For decisions as variable as whether to eat a marshmallow or which dialysis treatment to undergo, advice-giving is a powerful and as-yet-unrecognized debiasing tool. In fact, it is one of the most comprehensive and effective debiasing tools ever studied. People who succumb to motivated reasoning, hyperbolic discounting, and a host of other biases offer advice that is untainted by them. When advising others, we are more creative, process information and probability more rationally, and see the forest rather than the trees. Far from the …
A Cautionary Tale, David Schwendiman
A Cautionary Tale, David Schwendiman
Utah Law Review
It is imperative when talking about accountability and the enforcement of internationally recognized and accepted criminal norms governing conflict, when talking about investigating and prosecuting atrocity crime, not to raise expectations that have little or no chance of being met. Expanding the modes of liability to reach bystanders has the potential to raise such expectations, pushing the range of subjects that victims, survivors and others with an interest in the outcome of atrocity crime investigations and prosecutions expect will be prosecuted out beyond those as to whom there is likely to be political will to prosecute and certainly beyond the …