Judging the judiciary by the numbers: Empirical research on judges

JJ Rachlinski, AJ Wistrich - Annual Review of Law and Social …, 2017 - annualreviews.org
Do judges make decisions that are truly impartial? A wide range of experimental and field
studies reveal that several extralegal factors influence judicial decision making …

[BOOK][B] How judges think

RA Posner - 2010 - books.google.com
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new
book a unique and, to orthodox legal thinkers, a startling perspective on how judges and …

Does unconscious racial bias affect trial judges

JJ Rachlinski, SL Johnson, AJ Wistrich, C Guthrie - Notre Dame L. Rev., 2008 - HeinOnline
Justice is not blind. Researchers have found that black defendants fare worse in court than
do their white counterparts. In a study of bail-setting in Connecticut, for example, Ian Ayres …

Blinking on the bench: How judges decide cases

C Guthrie, JJ Rachlinski, AJ Wistrich - Cornell L. Rev., 2007 - HeinOnline
How dojudgesjudge? The answer to this seemingly simple question has proved surprisingly
elusive. The two venerable models of judging-the formalist and realist models-offer …

The letter and the spirit: a unified theory of originalism

RE Barnett, ED Bernick - Geo. LJ, 2018 - HeinOnline
Interpretation differs from construction in that the former" is the act of finding out the true
sense of any form of words; that is, the sense which their author intended to convey; and of …

Heart versus head: Do judges follow the law of follow their feelings

AJ Wistrich, JJ Rachlinski, C Guthrie - Tex. L. Rev., 2014 - HeinOnline
Eighty years ago the great American trial lawyer Clarence Darrow observed that:" Jurymen
seldom convict a person they like, or acquit one that they dislike. The main work of a trial …

Prospect theory goes public: Experimental evidence on cognitive biases in public policy and management decisions

N Bellé, P Cantarelli… - Public Administration …, 2018 - Wiley Online Library
This article tests a broad range of cognitive biases branching out from prospect theory in the
context of public policy and management. Results illuminate systematic deviations from …

Anchoring effect in legal decision-making: A meta-analysis.

P Bystranowski, B Janik, M Próchnicki… - Law and Human …, 2021 - psycnet.apa.org
Objective: We conducted a meta-analysis to examine whether numeric decision-making in
law is susceptible to the effect of (possibly arbitrary) values present in the decision contexts …

[BOOK][B] An introduction to empirical legal research

L Epstein, AD Martin - 2014 - books.google.com
Is the death penalty a more effective deterrent than lengthy prison sentences? Does a
judge's gender influence their decisions? Do independent judiciaries promote economic …

Guilty by implicit racial bias: The guilty/not guilty Implicit Association Test

JD Levinson, H Cai, D Young - Ohio St. J. Crim. L., 2010 - HeinOnline
Legal scholarship on racial discrimination has turned to the science of implicit social
cognition to explain how the human mind automatically manifests biases against disfavored …