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University of Nevada, Las Vegas -- William S. Boyd School of Law

Scholarly Works

Series

2007

Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Book Review: "Law And The Brain", Stacey A. Tovino Jan 2007

Book Review: "Law And The Brain", Stacey A. Tovino

Scholarly Works

Edited by Semir Zeki and Oliver Goodenough, Law and the Brain is a wonderful collection of fourteen essays that examine a range of topics at the intersection of law and neurobiology. Although neurotransdiscipline texts, collections, and journal symposia abound, what makes Law and the Brain so special is its focus on the special challenges raised by the neuroscience-policy interface. These challenges flow from basic differences in the orientation of the brain and brain science, on the one hand, and the law on the other hand.


Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben Jan 2007

Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben

Scholarly Works

Empirical studies serve to enlighten the law, even when they simply confirm the wisdom of existing rules. Chris Guthrie's article, Misjudging, primarily serves that useful function—confirming the wisdom of existing rules—even though the author sought to establish something different. Guthrie's article applies insights from cognitive psychology to the resolution of legal disputes and presents some empirical proof of the effect of the application. He concludes that three sets of “blinders”—informational, cognitive, and attitudinal—affect the ability of judges to reach correct resolutions of disputes. He therefore recommends further appreciation of the ability of arbitration and mediation to avoid some of the …