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The Situation of the Supreme Court

Posted on October 30, 2008

Earlier this year, Jeffrey Rosen wrote an interesting piece in the New York Times Magazine on how the increase in business-related cases heard before the U.S. Supreme Court appears to correspond to ideological changes among members of the Court and in the country. We excerpt the piece below. * * * The Supreme Court term […]

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Posted in Deep Capture, Law | 2 Comments »

The Gendered Situation at Harvard Law School – Part III

Posted on May 15, 2013

The Harvard Crimson‘s Dev Patel has an outstanding series of articles last week on gender inequality at Harvard Law School. Here are some excerpts from the third article, titled “Female HLS Graduates Enter a Job Market Dominated by Men” in the series. The law firm Brune & Richard is an anomaly. In a world where […]

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Posted in Distribution, Education, History, Law | Leave a Comment »

The Gendered Situation at Harvard Law School – Part I

Posted on May 8, 2013

The Harvard Crimson‘s Dev Patel has an outstanding series of articles this week on gender inequality at Harvard Law School. Here are some excerpts from the first article, titled “Once Home to Kagan and Warren, HLS Faculty Still Only 20 Percent Female” in the series. Just 20 percent of U.S. senators are female. Women make […]

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Posted in Distribution, Education, History, Law | Leave a Comment »

Sunstein on Motivated Judicial Reasoning

Posted on October 23, 2012

From Bloomberg (an op-ed by Harvard Law School’s Cass Sunstein): In the context of affirmative action, some of the nation’s most important and distinguished conservative legal thinkers, including Justices Antonin Scalia and Clarence Thomas, appear to have abandoned their own deepest beliefs about how to interpret the Constitution. Unfortunately, this is not the only area […]

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Posted in Book, Morality, Social Psychology | Leave a Comment »

Will John Roberts Drift?

Posted on July 10, 2012

A number of years ago, Jon Hanson and I wrote an article for Boston Review on the situations that lead Supreme Court justices to drift (or not drift) from their previous ideological moorings, which has gained new relevance in light of Chief Justice John Roberts majority opinion on the constitutionality of the new national health […]

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Posted in Ideology, Law, Politics, Situationist Contributors | Leave a Comment »

The Situation of State Judiciaries

Posted on June 26, 2012

From The Anerican Scholar: The hearing room of the Wisconsin Supreme Court could be a Beaux-Arts museum, exhibiting images of justice as idealized in America for centuries: ornate, dignified, above reproach. Light pours in through a huge leaded-glass skylight, radiating off veined white marble. Large murals set high off the floor dominate each wall, depicting […]

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Posted in Deep Capture, Law, Politics | Leave a Comment »

The Exaggerated Situation of Polarization

Posted on June 14, 2012

Situationist friend Dave Nussbaum has more terrific posts over at, Random Assignments.  Below, we have re-blogged portions of his timely piece about how “extremists exaggerate polarization.” Why have American politics become so polarized? Maybe they haven’t – maybe it’s just you? New research reveals that partisans, especially those on the extremes, overestimate the amount of […]

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Posted in Conflict, Ideology, Naive Cynicism, Politics, Social Psychology | Leave a Comment »

The Situation of Chicago School “Law and Economics”

Posted on June 10, 2012

From Business Week (an article, by Peter Coy, including several quotations from Situationist Editor, Jon Hanson): Q: How many Chicago School economists does it take to change a light bulb? A: None. If the light bulb needed changing, the market would have done it by now. Chicago-style free-market economics is an easy target for satire, […]

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Posted in Behavioral Economics, Choice Myth, Deep Capture, Ideology, Legal Theory | Leave a Comment »

The Power of Stereotypes and Need for “Affirmative Meritocracy”

Posted on June 3, 2012

From Stanford University News: When it comes to affirmative action, the argument usually focuses on diversity. Promoting diversity, the Supreme Court ruled in 2003, can justify taking race into account. But some people say this leads to the admission of less qualified candidates over better ones and creates a devil’s choice between diversity and merit. […]

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Posted in Abstracts, Conflict, Distribution, Education, Implicit Associations, Social Psychology | 1 Comment »

Exciting New Book from Tamara Piety!

Posted on April 16, 2012

Situationist friend and Tulsa law professor Tamara Piety’s new book, Brandishing the First Amendment: Commercial Expression in America, has just hit book stores! It looks to be an engaging read for all of us interested in how commercial entities have shaped and wielded First Amendment jurisprudence to increase profits and secure power.  And it is […]

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Posted in Abstracts, Book, Law, Marketing | Comments Off

The obedience experiments at 50

Posted on November 9, 2011

This essay was published originally in the online version of the APS Observer: This year is the 50th anniversary of the start of Stanley Milgram’s groundbreaking experiments on obedience to destructive orders — the most famous, controversial and, arguably, most important psychological research of our times. To commemorate this milestone, in this article I present […]

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Posted in Classic Experiments, Situationist Contributors | Leave a Comment »

An Eye for Detail: Reforming Witness Identification Procedures

Posted on September 4, 2011

As a number of Situationist contributors have chronicled, bringing research from psychology and neuroscience to legal problems has been met with quite a lot of resistance over the years.  One of the major impediments has been that this research often tells us things about ourselves and our system that we do not want to hear. […]

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Posted in Education, Law | 1 Comment »

The Situation of Antitrust Law

Posted on August 9, 2011

Maurice E. Stucke recently posted his thoughtful paper, “Reconsidering Antitrust’s Goals” on SSRN.  Here’s the abstract. * * * Antitrust policy today is an anomaly. On the one hand, antitrust is thriving internationally. On the other hand, antitrust’s influence has diminished domestically. Over the past thirty years, there have been fewer antitrust investigations and private […]

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Posted in Abstracts, Behavioral Economics, Distribution, History, Law | Leave a Comment »

Clarifying Judicial Understanding of “Stereotyping”

Posted on July 20, 2011

Kerri Lynn Stone recently posted her article, “Clarifying Stereotyping”  (59 Kansas Law Review 2011) on SSRN. Here’s the abstract. * * * People make comments all the time that include or invoke stereotypes. Sometimes those comments are indicative of their belief systems or values. Sometimes they are feeble – or genuine – attempts at humor […]

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Posted in Abstracts, Law, Legal Theory | Leave a Comment »

Trampling People While Whistling Rights: Normative Visions, Judicial Realities in Times of Terror

Posted on June 22, 2011

Rio Pierce wrote this post for Law & Mind Blog: Marbury v. Madison, Miranda, and Brown v. Board of Education are hallmarks of a judicial canon that preaches a heroic vision of Constitutional Law arbitrated in our highest tribunal. These cases tell a story of the judicial process that reflects a flattering normative vision of […]

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Posted in History, Ideology, Law | Leave a Comment »

Sexual Harassment at Wal-Mart?

Posted on May 17, 2011

Joseph M. Sellers, head of the Civil Rights and Employment practice group at Cohen Milstein, shared his experience working on Dukes v. Wal-Mart Stores, the largest civil rights class action suit in the United States. Sellers, who is representing a class of more than 1.5 million female employees at Wal-Mart stores in an ongoing sexual […]

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Posted in Law | 2 Comments »

Situational Sources of the Holocaust

Posted on May 6, 2011

From the Harvard Gazette: The table slab was cold and hard beneath 6-year-old Irene Hizme as doctors and nurses took measurements and blood samples. She didn’t know what was happening to her, and by the time it was all over, she wouldn’t care. She was found lying nearly comatose on the ground by a woman […]

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Posted in Education, History, Ideology, Morality, Video | 1 Comment »

Unconscious Racial Attitudes

Posted on April 22, 2011

David Kairys posted his article, titled “Unconscious Racism” (forthcoming Temple Law Review, Vol. 83, 2011) on SSRN.  Here’s the abstract. * * * This article is the introduction to a law review symposium on unconscious racism and social science and statistical evidence of bias as bases for race discrimination claims, focusing concretely on discrimination in […]

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Posted in Abstracts, Implicit Associations, Politics | Leave a Comment »

The Situational Effects of Iqbal

Posted on March 30, 2011

Victor Quintanilla recently posted his paper, “Beyond Common Sense: A Social-Psychological Study of Iqbal’s Effect on Claims of Race Discrimination”  on SSRN.  Here’s the abstract. * * * This article examines the U.S. Supreme Court’s decision Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) from a social-psychological perspective, and empirically studies Iqbal’s disparate effect on […]

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Posted in Abstracts, Implicit Associations, Law, Legal Theory, Social Psychology | 2 Comments »

Kennedy and Pronin on the Spiral of Conflict

Posted on March 16, 2011

A group of  Harvard Law students are blogging over at the Law & Mind Blog.  Here is one of their posts about a chapter by Situationist Contributor Emily Pronin and Kathleen Kennedy (forthcoming in from Situationist Contributor Jon Hanson’s  book, “Ideology, Psychology, and Law”).  The post is authored by HLS student Michael Lieberman. * * […]

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Posted in Book, Conflict, Ideology, Naive Cynicism, Politics, Situationist Contributors, Social Psychology | Leave a Comment »

 
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