On Preferring A to B, While Also Preferring B to A
April 24, 2018

In important contexts, people prefer option A to option B when they evaluate the two separately, but prefer option B to option...

Apologies & Remedial Mismatches
April 22, 2018

While the context is admittedly horrific--victims of sexual abuse and the Catholic Church--data from the Netherlands, which...

Richard Thaler and the Rise of Behavioral Economics
March 2, 2018

The emergence of behavioral economics is one of the most significant conceptual developments in the social sciences in the past 40 years. The central figure in the field in its early years was Richard Thaler. In this article, I review and discuss his scientific contributions.

A Glimpse Below the Waterline in Patent Enforcement Activity
February 27, 2018

A recent working paper, The Patent Enforcement Iceberg, illustrates nicely the strengths and limitations of survey work...

Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana
February 27, 2018

Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence,...

Empirical Study Reveals 14 Key Components of Creativity
February 26, 2018

In a world where robots seem to be taking over the world, the hottest buzzword amongst recruiters is “creative.” In every...

The “Empirical Turn” in Family Law
February 14, 2018

As empirical legal scholarship continues to expand, its expansion increasingly penetrates new and interesting legal spaces....

Family Law & Empirical Legal Studies
February 7, 2018

Clare Huntington (Fordham University School of Law) has posted The Empirical Turn in Family Law (Columbia Law Review, Vol....

Thinking in Bets: Making Smarter Decisions When You Don’t Have All the Facts
February 4, 2018

Poker champion turned business consultant Annie Duke teaches you how to get comfortable with uncertainty and make better decisions as a result. In Super Bowl XLIX, Seahawks coach Pete Carroll made one of the most controversial calls in football history: With 26 seconds remaining, and trailing by four at the Patriots' one-yard line, he called for a pass instead of a hand off to his star running back. The pass was intercepted and the Seahawks lost. Critics called it the dumbest play in history....

Playing with the Data: What Legal Scholars Should Learn About Machine Learning
January 19, 2018

Legal scholars have begun to focus intently on machine learning — the name for a large family of techniques used for sophisticated...