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The Psychology of Judicial Decision Making

David E. Klein and Gregory Mitchell (eds)

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.001.0001
Subject:
Psychology, Forensic Psychology

This volume of essays examines the psychological processes that underlie judicial decision making. Chapters in the first section of the book take as their starting point the fact that judges make ... More


Is There a Psychology of Judging?

Frederick Schauer

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0007
Subject:
Psychology, Forensic Psychology

Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay experimental subjects. Implicit in the research, therefore, ... More


Searching for Constraint in Legal Decision Making

Eileen Braman

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0013
Subject:
Psychology, Forensic Psychology

This essay is about constraint in legal decision making: how we should conceptualize it, how we should study it, and why psychological theory and methods provide such a promising avenue for doing so. ... More


Building a Better Judiciary

Daniel A. Farber and Suzanna Sherry

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0018
Subject:
Psychology, Forensic Psychology

We have spent much of our academic careers arguing that judicial decision-making – even in constitutional cases – is a specialized craft, not merely an exercise in politics. We have suggested that ... More


Amici Curiae and Judicial Decision Making

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372144
eISBN:
9780199870813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372144.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court. It expands ... More


Every Jury Trial Is a Bench Trial: Judicial Engineering of Jury Disputes

C. K. Rowland, Tina Traficanti, and Erin Vernon

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0012
Subject:
Psychology, Forensic Psychology

For decades virtually every scholarly work on trial judges began by lamenting the unfortunate tendency of students of judicial behavior to concentrate almost exclusively on appellate courts generally ... More


Measuring Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.001.0001
Subject:
Law, Comparative Law

This book explores the theoretical and empirical dimensions to this controversial subject. The main aim of the book is to shift the focus of the academic and political debate over judicial activism ... More


Refining Reflexivity

Jack Knight and James Johnson

in The Priority of Democracy: Political Consequences of Pragmatism

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151236
eISBN:
9781400840335
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151236.003.0006
Subject:
Political Science, Democratization

This chapter focuses on reflexivity and how it operates in democratic arrangements, considering a set of possible objections to this study's argument. The first potential objection is that the study ... More


Top-Down and Bottom-Up Models of Judicial Reasoning

Brandon L. Bartels

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0003
Subject:
Psychology, Forensic Psychology

This essay offers a perspective on how social psychological insights regarding the cognitive processes of judgment can help enrich our understanding of judicial decision making. Such a focus ... More


Thresholds for Action in Judicial Decisions

Len Dalgleish, James Shanteau, and April Park

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0011
Subject:
Psychology, Forensic Psychology

Many decisions that people are called on to make can be thought of as involving thresholds for action. In each case, we can understand the decision maker to be answering two questions: (1) How strong ... More


Conclusions and Implications

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372144
eISBN:
9780199870813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372144.003.0007
Subject:
Law, Constitutional and Administrative Law

This concluding chapter reviews the key findings presented throughout the book. It first discusses the empirical findings regarding interest group participation in the Supreme Court and their ... More


Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Paul M. Collins

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372144
eISBN:
9780199870813
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372144.001.0001
Subject:
Law, Constitutional and Administrative Law

The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ... More


Amici Curiae and the Consistency

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372144
eISBN:
9780199870813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372144.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the influence of amicus curiae briefs on the variability in judicial decision making. It begins by explaining the importance of understanding the consistency of judicial choice, ... More


Introduction

Paul M Collins

in Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372144
eISBN:
9780199870813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372144.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter provides an outline of the book. It begins with a meticulous overview of existing studies of amici curiae, concluding that previous research has failed to establish whether ... More


Persuasion in the Decision Making of U.S. Supreme Court Justices

Lawrence S. Wrightsman

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0004
Subject:
Psychology, Forensic Psychology

This chapter proposes that persuasion is more effective in influencing votes in certain types of cases than others. A distinction is made between ideological (i.e., hot-button issue) cases and ... More


The Supreme Court, Social Psychology, and Group Formation

Neal Devins and Will Federspiel

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0006
Subject:
Psychology, Forensic Psychology

The Justices of the Supreme Court function not just as individuals but also as members of a group. Political science models of Supreme Court decision making, however, focus on the legal and policy ... More


Judicial Decision-Making

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0016
Subject:
Law, Philosophy of Law

This chapter discusses the rich behavioral research on judicial decision-making. It opens with general theories of the cognitive process of judicial decision-making, focusing on the story model and ... More


International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Dinah Shelton (ed.)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.001.0001
Subject:
Law, Public International Law

Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting ... More


Unity and Division in Decision Making—The Law and Practice on Individual Opinions at the ICTY

Göran Sluiter

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter critically addresses the use of separate and dissenting opinions at the ICTY. Its central question is whether the use of individual opinions at the ICTY is in need of reform with a view ... More


The Supreme Court: The Least Understood Branch

Lawrence S. Wrightsman

in The Psychology of the Supreme Court

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195306040
eISBN:
9780199894093
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306040.003.0001
Subject:
Psychology, Forensic Psychology

This chapter begins by laying out the purpose of the book, which is to apply the methods and findings of psychology and the other social sciences to further a knowledge and appreciation of the ... More


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