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Articles 1 - 7 of 7

Full-Text Articles in Law

Deciding, Curtis E.A. Karnow Jan 2015

Deciding, Curtis E.A. Karnow

Curtis E.A. Karnow

Review of cognitive fallacies judges may encounter, such as expectation fallacies, cognitive dissonance, narrative fallacies and generally problems with associative reasoning


The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow Oct 2014

The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow

Curtis E.A. Karnow

A short note on confirmation bias and cognitive dissonance as it affects decision making by lawyers and judges.


Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger Jan 2014

Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger

Linda L. Berger

Drawing on recent studies in social cognition, decision making, and analogical processing, this article will recommend that lawyers turn to novel characterizations and metaphors to solve a particular kind of persuasion problem that is created by the way judges and juries think and decide. According to social cognition researchers, we perceive and interpret new information by following a process of schematic cognition, analogizing the new data we encounter to the knowledge structures embedded in our memories. Decision-making researchers differentiate between intuitive and reflective processes (System 1 and System 2), and they agree that in System 1 decision making, only the …


Gun Control: What Goes On In Your Brain, Armando F. Rocha, Fabio T. Rocha, Eduardo Massad Jan 2013

Gun Control: What Goes On In Your Brain, Armando F. Rocha, Fabio T. Rocha, Eduardo Massad

Armando F Rocha

Arguments for and against gun control are polarized at two opposite ends of a broad spectrum: personal liberties and social benefits. Brazil has introduced a referendum regarding the prohibition of firearm commerce and propaganda arguments, similar to the present ongoing discussion in the U.S. It has invoked socially and personally driven issues in the promotion of voting in favor of and against firearm control, respectively. Here, we used electroencephalography (EEG) technology to study the brain activity associated with a voter’s perception one week prior to Election Day, of the truthfulness of these arguments and their influence on voting decisions. The …


Free Will From The Neuroscience Point Of View, Armando F. Rocha, Fábio T. Rocha Jan 2013

Free Will From The Neuroscience Point Of View, Armando F. Rocha, Fábio T. Rocha

Armando F Rocha

There is still a controversy if human volitions and actions are governed by causal laws or obeys free will. Neurosciences start to study the neural correlates of free will by investigating how brains make decisions. Here, some of questions about free will are discussed from the neurosciences point of view taking into consideration a neuroeconomic model of decision making. This model is used here with the purpose of providing very formal definitions of key concepts raised in any free will discussion such as goals, necessity, motivation, etc., and to provide a formal background for discussing decision making. One of the …


The Politics Of International Economic Law: Legitimacy And The Uncitral Working Methods., Claire R. Kelly Mar 2009

The Politics Of International Economic Law: Legitimacy And The Uncitral Working Methods., Claire R. Kelly

Claire R. Kelly

Abstract The process of international lawmaking is, in part, a function of both politics and the attempt to engage in legitimate norms generation. States seek power through process in the international sphere. But States also use process enable representative, transparent, and effective rules. This paper considers how we might begin to deconstruct procedural proposals involving international norm generation by taking a look at a recent controversy over the methods of work at the United Nations Commission on International Trade Law (UNCITRAL). It will consider various paradigms to assess the legitimacy claims of international norms as applied to one particular controversy …


Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates Jan 2009

Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

Using longitudinal data on 585 youths (48% female; 17% African American, 2% other ethnic minority), the authors examined the development of social response evaluation and decision (RED) across childhood (Study 1; kindergarten through Grade 3) and adolescence (Study 2; Grades 8 and 11). Participants completed hypothetical-vignette-based RED assessments, and their antisocial behaviors were measured by multiple raters. Structural equation modeling and linear growth analyses indicated that children differentiate alternative responses by Grade 3, but these RED responses were not consistently related to antisocial behavior. Adolescent analyses provided support for a model of multiple evaluative domains of RED and showed strong …