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Deceptive Appearances: Judges,Cognitive Bias, And Dress Codes, Marybeth Herald

University of San Francisco Law Review

This Article argues that judges are not immune from decision-making biases that afflict humans generally, and cognitive biases may guide interpretations of the law. Moreover, because of a predisposition toward preserving the statusquo, judicial interpretations of anti-discrimination laws may keep us close to our starting positions despite legislative directives to the contrary. Accordingly, judicial alertness to cognitive biases, including judges's own and those of the participants in their courtroom, becomes even more important.