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FASCINATING LAW REVIEW ARTICLE: HOW DO JUDGES DECIDE CASES?

How do judges judge? Do they apply law to facts in a mechani...
Puce scourge upon the earth
  07/25/17
Read a few paragraphs including the conclusion. Unless there...
Histrionic Lavender Pit
  07/25/17
Good point...so the solution is to appoint more judges on th...
Puce scourge upon the earth
  07/25/17
"to teach judges how to recognize their inherent cognit...
Histrionic Lavender Pit
  07/25/17
bookmarked
Copper Step-uncle's House
  07/25/17
No easy cure for time pressure exists, but the justice syste...
Puce scourge upon the earth
  07/25/17


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Date: July 25th, 2017 11:46 AM
Author: Puce scourge upon the earth

How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain?

http://www.dallasbar.org/sites/default/files/rachlinski_paper.pdf

(http://www.autoadmit.com/thread.php?thread_id=3684402&forum_id=2#33850877)



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Date: July 25th, 2017 11:52 AM
Author: Histrionic Lavender Pit

Read a few paragraphs including the conclusion. Unless there is a good discussion of case loads/docket sizes the study is useless. A ridiculously large docket will force any thoughtful, caring judge to become an arbitrary asshole who shoots from the hip.

(http://www.autoadmit.com/thread.php?thread_id=3684402&forum_id=2#33850929)



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Date: July 25th, 2017 11:53 AM
Author: Puce scourge upon the earth

Good point...so the solution is to appoint more judges on the bench or to teach judges how to recognize their inherent cognitive biases?

(http://www.autoadmit.com/thread.php?thread_id=3684402&forum_id=2#33850941)



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Date: July 25th, 2017 11:59 AM
Author: Histrionic Lavender Pit

"to teach judges how to recognize their inherent cognitive biases"

lol at this flaky ass psycho babble. Perfect for a law review article. Increased funding for more judges and clerks would make a huge difference, especially in state courts like NY and California (it's becoming a problem in the federal courts too). Also ending judicial elections and making it an appointed position in the state courts would be helpful, though the numbers are actually more important. Even a relatively weak judge can write a decent opinion if he's only got a few active cases and all the time in the world to do research.

(http://www.autoadmit.com/thread.php?thread_id=3684402&forum_id=2#33850991)



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Date: July 25th, 2017 11:55 AM
Author: Copper Step-uncle's House

bookmarked

(http://www.autoadmit.com/thread.php?thread_id=3684402&forum_id=2#33850955)



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Date: July 25th, 2017 11:55 AM
Author: Puce scourge upon the earth

No easy cure for time pressure exists, but the justice system could

employ a few strategies to mitigate it. Most obviously, legislatures could

expand the number of authorized judgeships in their jurisdictions,

particularly in those areas with the heaviest dockets, thereby enabling

judges to spend more time per case and per decision. This would be costly

and it is unclear that the benefits would offset the costs. In particular,

adding more judgeships might make litigation more attractive to those who

would otherwise find alternative ways of resolving their disputes, just as

adding more highways makes driving more attractive to those who would

otherwise find alternative means of transportation.180



(http://www.autoadmit.com/thread.php?thread_id=3684402&forum_id=2#33850956)