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New Paper on Judicial Bias

By Stuart Buck

Two of the top scholars of law and psychology and a federal magistrate judge have written a paper on various ways in which judges make bad decisions, and ways to overcome those cognitive biases. It's a fascinating read. They did experiments in which they asked real federal judges to rule on hypothetical cases, and have found evidence of anchoring bias, the representativeness heuristic, and hindsight bias. Of course, this is all treading in the well-worn paths of Kahneman and Tversky, but it's very useful to have experimental confirmation of how these cognitive biases affect judicial decisionmaking. Here's the abstract: Blinking on the Bench: How Judges Decide CasesCHRIS GUTHRIEVanderbilt University - School of LawJEFFREY J. RACHLINSKICornell Law SchoolANDREW J...continue to full post

Full post as published by The Buck Stops Here on February 07, 2008 (boomark / email).