In the law, emotion is often viewed as extraneous to jury decision-making—either as an unavoidable byproduct of certain types of evidence or an impediment to the decision-making process. Even when the legal system does acknowledge the impact of emotion, it tends to overgeneralize across different types of emotions and legal judgments. Growing consensus in psychological science, however, reveals a much more complicated story. Emotion is not extraneous but rather inextricably intertwined with cognitive...
Here is a question I've never thought about before: Are lawyers citing the best cases to courts? In other words, do the courts use the cases cited in the briefs, and how often do the courts use cases not mentioned in any brief? The answer may surprise you!
Kevin Bennardo & Alexa Chew (UNC), Citation Stickiness.
"This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties’ briefs and then again in the court’s...
According to new research from the Oxford Internet Institute, by 2070 the number of users on that are dead could outnumber the amount of living people using Facebook. The Institute predicts that at least 1.4 billion Facebook users will die before 2100, with the dead outnumbering the living in about 50 years. This could have serious implications for the manner in which the social media network stores our digital profiles.
This paper examines the effect of incentives on the performance of darts players. We analyze four data sets covering a total of 28,761 darts matches of professional, amateur, and youth players. The game of darts offers an attractive natural research setting, because performance can be observed at the individual level and without obscuring effects of risk considerations and behavior of others. We find that amateur and youth players perform better under moderately higher incentives, but choke when...
But it turns out this phenomenon of “shooting the messenger” is not just restricted to fiction. A new paper in Journal of Experimental Psychology: General has demonstrated that we do tend to take a dim view of the bearers of bad news – even when these people are simply innocent messengers.
Altogether, the research suggests that “shooting the messenger” has a real basis in the way people act in everyday situations. It seems to stem from a number of sources,...
Lawyers routinely settle lawsuits or advise their clients about settlement. One might expect, therefore, that clients routinely complain about some aspect of their lawyers’ settlement services. Ten years of data from eleven jurisdictions paint a vivid, different picture: although the vast majority of civil lawsuits are resolved through negotiated settlements and although complaints against lawyers are common, fewer than 1% of reported legal malpractice cases and only about 1.5% of Bar complaints...
American Law Firms: Trends, Threats and Strategies takes a sweeping, incisive view of law firms' uneven progress after the Great Recession and analyzes the five elements that will determine their success or failure in the next decade: culture, character, practices, systems and leaders. Studying every critical aspect of law firms from income trends to attorney attrition rates and from gender bias to leadership development, this book shows how law firms have struggled to adapt to rapidly changing...