Now showing items 41-50 of 115
Four Failures of Deliberating Groups
Many groups make their decisions through some process of deliberation, usually with the belief that deliberation will improve judgments and predictions. But deliberating groups often fail, in the sense that they make ...
Fast, Frugal, and (Sometimes) Wrong
Do moral heuristics operate in the moral domain? If so, do they lead to moral errors? This brief essay offers an affirmative answer to both questions. In so doing, it responds to an essay by Gerd Gigerenzer on the nature ...
Depoliticizing Administrative Law
A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than ...
Do Judges Make Regulatory Policy? An Empirical Investigation of 'Chevron'
(University of Chicago Press, 2006)
In the last quarter-century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most-cited case in modern ...
Beyond Judicial Minimalism
Many judges are minimalists. They favor rulings that are narrow, in the sense that they govern only the circumstances of the particular case, and also shallow, in the sense that they do not accept a deep theory of the legal ...
(Indiana University School of Law-Bloomington, 2003)
On Academic Fads and Fashions
(Michigan Law Review, 2001)
Like everyone else, academics are susceptible to informational and reputational signals. Sometimes academics lack confidence in their methods and beliefs, and they pay a great deal of attention to the methods and beliefs ...
Why They Hate Us: The Role of Social Dynamics
(Harvard University, Harvard Law School, 2002)
Extremism and Social Learning
When members of deliberating groups speak with one another, their predeliberation tendencies often become exacerbated as their views become more extreme. The resulting phenomenon—group polarization—has been observed in ...
Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation
For many decades, the United States has been conducting an extraordinary natural experiment: Randomly assigned three-judge panels on courts of appeals produce extensive evidence of the effect of judicial ideology on judges' ...