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Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Missouri Law Review
Prosecutors wield tremendous power, which is kept in check by a set of unique ethical obligations. In explaining why prosecutors sometimes fail to honor these multiple and arguably divergent obligations, scholars tend to fall into two schools of thought. The first schoolfocuses upon institutional incentives that promote abuses ofpower. These scholars implicitly treat the prosecutor as a rational actor who decides whether to comply with a rule based on an assessment of the expected costs and benefits of doing so. The second school focuses upon bounded human rationality, drawing on the teachings of cognitive science to argue that prosecutors transgress …
Shedding (Empirical) Light On Judicial Selection, Lee Epstein
Shedding (Empirical) Light On Judicial Selection, Lee Epstein
Missouri Law Review
Relative to commentators at Political Science and Economics meetings, the discussants at law conferences are generally quite kind, genteel even. They almost always say, "This is a really wonderful set of papers" - even if the papers are not so wonderful - or that they really learned a lot from the papers - even if they didn't. Happily, with regard to the three papers the organizers asked me to discuss,' I need not stretch the truth for purposes of collegiality. I really do think they are a wonderful set of papers and really did learn a lot