منابع مشابه
Extraneous factors in judicial decisions.
Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings...
متن کاملJudicial Politics and Sentencing Decisions∗
Racial and gender disparities are prevalent in the criminal justice system, but the sources of these disparities remain largely unknown. This paper investigates whether judge political affiliation contributes to these disparities using data on over 500,000 federal defendants linked to sentencing judge. Exploiting random case assignment, we find that Republican appointed judges sentence black de...
متن کاملDecisions with Errors
This paper presents a new theory of decision making with errors. The proposed theory explains all major violations of expected utility theory such as the preference reversal phenomenon (including the strong reversals and the preference reversals with the probability equivalents), the common consequence effect (the Allais paradox), the common ratio effect, the violations of the betweenness axiom...
متن کاملMoney in Judicial Politics: Individual Contributions and Collective Decisions∗
We study how campaign contributions affect the voting strategies and effectiveness of justices in the Supreme Court of eight US states. A judge’s voting strategy leans more heavily towards an interest group the larger are its contributions to the judge, and the smaller are its contributions to other members of the court. This panel effect is consistent with an equilibrium response to contributi...
متن کاملWeighing and Balancing in the Justification of Judicial Decisions
In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumenation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2008
ISSN: 1556-5068
DOI: 10.2139/ssrn.1270597