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Full-Text Articles in Law

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk Jan 2012

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …


The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Apr 2009

The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.


Judges And Ideology: Public And Academic Debates About Statistical Measures, Gregory C. Sisk, Michael Heise Jan 2005

Judges And Ideology: Public And Academic Debates About Statistical Measures, Gregory C. Sisk, Michael Heise

Cornell Law Faculty Publications

Scholars who use empirical methods to study the behavior of judges long have labored in relative obscurity, unknown outside of academic circles (and indeed they only recently have emerged into the mainstream of the legal academy). However, the seclusion of the ivory tower has been breached as public attention has become increasingly focused upon studies that suggest the influence of ideological or partisan variables upon the outcomes of court cases. Over the last few years, the statistical work of scholars on judicial decisionmaking has provoked controversy in the wider legal community and has been enlisted by one side of the …


The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman Jan 2000

The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman

Cornell Law Faculty Publications

Discontent with the apparent tunnel vision of economic analysis of law's rational choice theory, legal scholars recently have turned with enthusiasm to "behavioral decision theory" (BDT) to enrich their understanding of how people make decisions and of the law's effect on human behavior. This article, for the first time, evaluates BDT's potential contribution to legal analysis by focusing on a single, important legal paradox: Despite contract law's freedom of contract paradigm, courts actively and enthusiastically police agreed damages provisions. Although the article finds an important place in legal analysis for this new discipline, the article raises and discusses several obstacles …


The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman Jul 1999

The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr. Jun 1991

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr. Apr 1983

Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Coping With The Time Dimension In Products Liability, James A. Henderson Jr. Jul 1981

Coping With The Time Dimension In Products Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Design Defect Litigation Revisited, James A. Henderson Jr. Jan 1976

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr. Dec 1973

Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.