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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


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


Political Obligation and Military Service in Germany and Israel 1

George Klosko

in Political Obligations

Published in print:
2005
Published Online:
April 2005
ISBN:
9780199256204
eISBN:
9780191602351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256209.003.0008
Subject:
Political Science, Political Theory

Examines judicial decisions in Germany and Israel in order to provide a comparative test of the analysis of US Supreme Court decisions in Ch. 7. Although questions of political obligation have been ... 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


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


Political Obligation and the US Supreme Court 1

George Klosko

in Political Obligations

Published in print:
2005
Published Online:
April 2005
ISBN:
9780199256204
eISBN:
9780191602351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256209.003.0007
Subject:
Political Science, Political Theory

This and the following chapters explore the ‘self-image of the state’ in regard to political obligations through analysis of judicial decisions. Examining the reasons that states themselves provide ... 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


The French Bifurcation

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0002
Subject:
Law, Comparative Law

This chapter examines the Cour de cassation in France, which has generally been considered the archetype of civilian judicial theory and practice. Three major American comparative analyses — those ... More


Law Matters

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0004
Subject:
Law, Legal History

Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial ... More


The Sliding Scales

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0008
Subject:
Law, Comparative Law

This chapter analyses the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice based on a couple of clear and concise comparative theses. These ... 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


Legal Interpretation and Intuitions of Public Policy

Joshua Furgeson and Linda Babcock

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0026
Subject:
Psychology, Social Psychology

Studies of actual judicial decisions and recent experimental work simulating legal decision-making reveal a strong relationship between ideology and judicial decisions. There is also preliminary ... 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


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


The Moral Dimensions of Human Rights

Carl Wellman

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.001.0001
Subject:
Philosophy, General

This book discusses all three species of human rights—moral, international, and national—at length, but it pays special attention to the moral reasons that are relevant to each species. The first ... More


Concluding Postscript

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0012
Subject:
Law, Comparative Law

This book has proposed an organisational prism for the comparative understanding of the judicial systems of France, the United States, and the European Union, one that turns on the bifurcated or ... 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


The Government's Non-execution of Judicial Decisions

Nagad Mohamed El-Borai

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0013
Subject:
Political Science, International Relations and Politics

Egypt has seen an increase in the phenomenon of non-execution of judicial decisions, particularly since the 1980s. The origin of this phenomenon was the creation of the State Council in 1946. The ... More


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