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Professor of Law
Books
Behavioral Law and Economics (Edward Elgar Publishing; editor, 2009).
Prospect Theory and Civil Negotiation (Stanford: Stanford Center on Conflict and Negotiation, Stanford University, 1990).
Contributions to Books
"Institutional Design Capitalizing on the Intuitive Nature of Decision Making" (with Mark Lubell, et al.), in Better Than Conscious: Exploiting the Capacity of Humans to Reach Decicions by Both Serial and Parallel Processing of Information (Christopher Engel & Wolf Singer, eds. 2008).
"What is the Role of Heuristics in Making Law? (with Jonathan Haidt, et. al.) in Heuristics and the Law 239 (Gerd Gigerenzer & Christoph Engel, eds. 2006)
"Making Law From the Top Down, Versus Making Law From the Bottom Up," in Heueristics and the Law 159 (Gerd Gigerenzer & Christopher Engel, eds., (2006).
"The Psychology of Conflict of Laws," in The Need for a European Contract Law (Groningen, The Netherlands: Europa Law Publishing, Jan Smits, ed., 2005)
"In Praise of Irrational Investors" (with Gregory La Blanc) in The Law and Economics of Irrational Behavior (Francesco Parisi & Vernon Smith, eds., 2005), p 542.
"Heuristics, Biases and Governance," in The Blackwell Handbook of Judgment and Decision Making (Derek J. Koehler & Nigel Harvey, eds., 2004), p 567
"The Story of Colgrove:  Social Science on Trial," in Civil Procedure Stories (New York:  Foundation Press, Kevin M. Clermont, ed., 2004).
"The New Law and Psychology: A Reply to Critics, Skeptics, and Cautious Supporters," in Modern American Contract Law (Koubundou, Robert A. Hillman and Osamu Kasai, eds. 2000).
"On Being Regulated in Foresight Versus Being Judged in Hindsight," in The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law (Lanham, MD: Rowman & Littlefield, Roger Meiners and Andrew Morriss, eds. 2000).
"A Positive Psychological Theory of Judging in Hindsight," in Behavioral Law and Economics (Cambridge, England: Cambridge University Press, Cass Sunstein, ed. 2000).
"Perceptions of Fairness in Environmental Regulation," in Strategies for Environmental Enforcement (Stanford: Stanford Environmental Law Journal, Barton H. Thompson, Jr., ed. 1995).
Articles
"Implicit Bias, Election '08, and the Myth of a Post-Racial America" (with Gregory S. Parks), 37 Florida State University Law Review 659 (2010).
"Why Heightened Pleading- Why Now?," 114 Penn State Law Review 1247-1256 (2010).
"The Hidden 'Judiciary': An Empirical Examination of Executive Branch Justice," (with Chris Guthrie, and Andrew Wistrich) 58 Duke Law Journal 1477 (2009).
"Implicit Race Bias and the 2008 Presidential Election: Much Ado About Nothing?," (with Gregory Scott Parks) 157 University of Pennsylvania Law Review PENNumbra 210 (2009).
"Barack Obama, Implicit Bias, and the 2008 Election" (with Gregory S. Parks) 35(1) Cornell Law Forum 8 (2009)/
"Does Unconscious Racial Bias Affect Trial Judges?" (with Sheri Lynn Johnson, et al.), 84 Notre Dame Law Review 1195 (2009).
"Heuristics, Biases, and Philosophy," 43 Tulsa Law Review 865-883 (2008).
"Blinking on the Bench: How Judges Decide Cases" (with C. Guthrie, & A. Wistrich), 93 Cornell Law Review 1 (2007); (discussed in the ABA Journal, June 2008).
"Heuristics and Biases in Bankruptcy Judges" (with Chris Guthrie and Andrew Wistrich), 163 Journal of Institutional and Theoretical Economics 167 (2007).
"Insurers, Illusions of Judgment, and Litigation" (with Chris Guthrie), 59 Vanderbilt Law Review 2017 (2006).
"Bottom-Up Versus Top-Down Lawmaking," 73 University of Chicago Law Review 933-964 (2006).
"Cognitive Errors, Individual Differences, and Paternalism," 73 University of Chicago Law Review 207-229 (2006); reprinted in Law and Psychology: Current Legal Issues, v.9 (Belinda Brooks-Gordon & Michael Freemen, eds., 2006).
"Inside the Bankruptcy Judge's Mind" (with Chris Guthrie and Magistrate Judge Andrew J. Wistrich), 86 Boston University Law Review 1227-1265 (2006).
"Rule-Making Versus Adjudication: A Psychological Perspective," 32 Florida State University Law Review 529 (2005).
"Can Judges Ignore Inadmissible Information?  The Difficulty of Deliberately Disregarding" (with Judge Andrew J. Wistrich and Chris Guthrie), 153 University of Pennsylvania Law Review 1251-345 (2005).
"The Effectiveness of the Endangered Species Act: A Quantitative Analysis" (with Martin F.J. Taylor and Kiernan F. Suckling) 55 Bioscience 360 (2005); Featured in National Geographic News, April 19, 2005).
"Fraud by Hindsight" (with Mitu Gulati and Donald C. Langevoort) 98 Northwestern University Law Review 773-825 (2004).
"The Cognitive Components of Punishment" (with Forest Jourden), 88 Cornell Law Review 457-85 (2003).
"Misunderstanding Ability, Misallocating Responsibility," 68 Brooklyn Law Review 1055 (2003); reprinted in Thinking and Seeing: Visual Metacognition in Adults and Children (Daniel T. Levin, ed., 2004), p251; and in 53 Defense Law Journal 111 (2004).
"The Uncertain Psychological Case for Paternalism" (with Forest Jourden),  97 Northwestern University Law Review 1165 (2003).
"Judging by Heuristic: Cognitive Illusions in Judicial Decision Making" (with Chris Guthrie and Andrew Wistrich), 86 Judicature 44 (Jul.-Aug. 2002).
"Cognitive Psychology and Optimal Government Design" (with Cynthia R. Farina), 87 Cornell Law Review 549-615 (2002); Reprinted in Foundations of Administrative Law (Peter H. Schuck, ed. 2003), p117.
"Foreword: Post-Public Choice?" (with Cynthia R. Farina), 87 Cornell Law Review 267-79 (2002).
"Reconciling Experimental Incoherence with Real-World Coherence in Punitive Damages" (with Theodore Eisenberg and Martin T. Wells), 54 Stanford Law Review 1239-71 (2002).
"Standard-Form Contracting in the Electronic Age" (with Robert A. Hillman ), 77 New York University Law Review 429 (2002).
"Comment: Is Evolutionary Analysis of Law Science or Storytelling?," 41 Jurimetrics 365-70 (2001).
"Inside the Judicial Mind" (with Chris Guthrie and Andrew J. Wistrich), 86 Cornell Law Review 777-830 (2001); reprinted in part in JAMS; 27 Cornell Law Forum 1-6 (2001); The Legal Times, Sept 10, 2001; Chicago Daily Law Bulletin June 11, 2001 at 6; Corporate Legal Times, Sept. 2001; and Viewpoints, Sept. 2001.
"Heuristics and Biases in the Courts: Ignorance or Adaptation?"  79 Oregon Law Review 61-102 (2000).
"The Limits of Social Norms," 74 Chicago-Kent Law Review 1537-67 (2000).
"The 'New' Law and Psychology: A Reply to Critics, Skeptics, and Cautious Supporters," 85 Cornell Law Review 739-65 (2000); Reprinted in Modern American Contract Law (Robert Hillman and Osamu Kasai, eds., 2000), p198.
"Product-Related Risk and Cognitive Biases: The Shortcomings of Enterprise Liability" (with James A. Henderson, Jr.), 6 Roger Williams University Law Review 213-58 (2000).
"The Psychology of Global Climate Change,"  2000 University of Illinois Law Review 299-319 (2000); Reprinted in The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience (James Chen, ed. forthcoming);. Reprinted in Three Ecologies (summer-fall, 2004), p 43(Turkish).
"Regulating in Foresight versus Judging Liability in Hindsight: The Case of Tobacco," 33 Georgia Law Review 813-45 (1999).
"Protecting Endangered Species Without Regulating Private Landowners: The Case of Endangered Plants," 8 Cornell Journal of Law and Public Policy 1 (1998).
"Remedies and the Psychology of Ownership" (with Forest Jourden), 51 Vanderbilt Law Review 1541-82 (1998).
"A Positive Psychological Theory of Judging in Hindsight," 65 University of Chicago Law Review 571-625 (1998); reprinted in Behavioral Law and Economics 95 (Cass Sunstein, ed., 2000).
"Introduction--Juries: Arbiters or Arbitrary?" 7 Cornell Journal of Law & Public Policy 1-5 (1997).
"The Wages of Risk", 6 Cornell Journal of Law and Public Policy 673 (1997).
"Gains, Losses, and the Psychology of Litigation," 70 Southern California Law Review 113-85 (1996).
"Perceptions of Fairness in Environmental Regulation," Stanford Environmental Law Journal Special Issue 339-90 (1995).
"Ex Post Ex Ante: Determining Liability in Hindsight" (with Kim A. Kamin), 19 Law and Human Behavior 89-104 (1995); reprinted in Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence 979 (David B. Wexler & Bruce Winick, eds., 1996).
"Scientific Jury Selection and the Equal Protection Rights of Venire Persons," 24 Pacific Law Journal 1497-566 (1993).
"Law Review Usage and Suggestions for Improvement: A Survey of Attorneys, Professors, and Judges" (with Max Stier, Kelly M. Klaus, and Dan L. Bagatell), 44 Stanford Law Review 1467-513 (1992).
Book Reviews
"Noah by the Numbers: An Empirical Evaluation of the Endangered Species Act," 82 Cornell Law Review 356-89 (1997) (review of Charles C. Mann and Mark L. Plummer, Noah's Choice: The Future of Endangered Species).
Miscellaneous
"High-Tech Warranty Project-Web Comment (P994413) for Federal Trade Commission" (with Robert A. Hillman),
Prospect Theory and the Economics of Litigation (Stanford University, 1994) (Thesis (Ph.D.)).
Female Superiority and the Same-Sex Bias in Learning of Name-Trait Pairings (Johns Hopkins University, 1988) (Thesis (M.A.)).