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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


Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow Jan 2015

Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow

Curtis E.A. Karnow

This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on the need for a judge to manage the case, with a focus on enabling settlement. I address a series of specific characteristics or aspects of complex cases, explaining how these affect the progress of the case. Then the note explores the many tools and techniques judges have to manage and ameliorate difficult aspects of complex cases. {Pre-print. Final article as published differs substantially and is …


Cognitive Fallacies Reading List, Curtis E.A. Karnow Dec 2014

Cognitive Fallacies Reading List, Curtis E.A. Karnow

Curtis E.A. Karnow

Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors in reasoning which affect us all, including lawyers and judges. These errors in turn affect lawyers’ competence and judges’ ability to provide fair, impartial and well-reasoned decisions.