Happy Law Students, Happy Lawyers – Abstract

Nancy Levit and Douglas Linder posted their article, “Happy Law Students, Happy Lawyers” (forthcoming 58 Syracuse Law ReviewSSRN. We’ve pasted the abstract below.

* * *

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical question, What if happiness were a goal of law schools?

The authors believe that making law students happier does translate, at least in part, into making them both happier and better lawyers because there is an interplay among happiness, collaboration and professionalism. As just one example: The people who are happier in life are those who give back. There is a distinction between feeling good, the pursuit of pleasure, and doing good, which can lead to more lasting happiness, and a life with meaning. People who have a richer sense of happiness aren’t those who work on their narcissistic personal needs, but those who embrace a larger sense of civic engagement. Happily, that dovetails with pro bono obligations in law. A recent ABA survey reported that only 46% of lawyers met the ABA’s goal of 50 hours of free pro bono services. Those who did meet the aspirational goal reported a direct correlation between that form of giving back and their own satisfaction.

The article concludes with some concrete suggestions about maximizing student happiness, through addressing some of the career reasons why law students become unhappy lawyers. One of these is, as Daniel Gilbert observed in his book Stumbling on Happiness, that people are bad at forecasting what will make their future selves happy. If law schools address this phenomenon of poor prediction by offering better information on not only paths of career decision-making, salary expectations, and non-practice options but also decision theory and psychological constraints on decision making, this will increase the likelihood that students will more accurately choose how to make their future selves happy.

A New Theory of the Endowment Effect – Abstract

Owen Jones and Sarah Brosnan have posted their article, “Law, Biology, and Property: A New Theory of the Endowment Effect” 48 William & Mary Law Review (2008) on SSRN. We’ve included the abstract below.

* * *

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context.

The paradoxical psychological bias known as the endowment effect puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at present no satisfying explanations for why it manifests when and how it does. Drawing on evolutionary biology, this Article provides a new theory of the endowment effect. Briefly, we hypothesize that the endowment effect is an evolved propensity of humans and, further, that the degree to which an item is evolutionarily relevant will affect the strength of the endowment effect. The theory generates a novel combination of three predictions. These are: (1) the effect is likely to be observable in many other species, including close primate relatives; (2) the prevalence of the effect in other species is likely to vary across items; and (3) the prevalence of the endowment effect will increase or decrease, respectively, with the increasing or decreasing evolutionary salience of the item in question.

The authors tested these predictions in a chimpanzee (Pan troglodytes) experiment, recently published in Current Biology. The data, further explored here, are consistent with each of the three predictions. Consequently, this theory may explain why the endowment effect exists in humans and other species. It may also help both to predict and to explain some of the variability in the effect when it does manifest. And, more broadly, the results of the experiment suggest that combining life science and social science perspectives could lead to a more coherent framework for understanding the wider variety of other cognitive heuristics and biases relevant to law.