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Full-Text Articles in Law

Judges As Humans, Chad M. Oldfather Mar 2007

Judges As Humans, Chad M. Oldfather

Chad M Oldfather

This is a review of Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. Among the reasons this book is notable is that it draws heavily on social psychology in critiquing and suggesting modifications to the standard political science accounts of judicial behavior. In that regard it represents a substantial step toward the development of a comprehensive, cross-disciplinary picture of judicial behavior. In the review, I argue that Baum’s analysis is important not only for its own sake, but also because consideration of institutional reforms of the sort that have been and will continue to be proposed …


Writing, Cognition, And The Nature Of The Judicial Function, Chad Oldfather Jan 2007

Writing, Cognition, And The Nature Of The Judicial Function, Chad Oldfather

Chad M Oldfather

Prior commentators, including many judges, have observed that writing provides an important discipline on the judicial decisionmaking process. Those commentators have uniformly assumed that the effect will always be positive – that is, that a decision rendered pursuant to a process that includes a written justification will always be better (however better is to be measured) than a decision unaccompanied by writing. According to this view, we should always, all things being equal, prefer a decision accompanied by an opinion to one without. All things are not equal, of course, and there are many situations in which the costs of …