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Professor of Law
Articles
"Altering Attention in Adjudication," ( with Andrew J. Wistrich & Chris Guthrie) 60 UCLA Law Review 1586 (2012-2013).
"Consilience in the Courtroom: Do Apologies Affect Adjudications?" (with Andrew J. Wistrich & Chris Guthrie) 98 Cornell Law Review 1189 (2013).
"How Lawyers' Intuitions Prolong Litigation," (with Andrew J. Wistrich) 86 Southern California Law Review 571 (2013).
"They Saw a Protest: Cognitive Illiberalism and the Speech-Conduct Distinction," (with Dan M. Kahan, David A Hoffman, Donald Braman, and Daniel Evans) 64 Stanford Law Review 851 (2012).
"Evidence-Based Law," 96 Cornell Law Review 901 (2011).  
"The Psychological Foundations of Behavioral Law and Economics," 2011 University of Illinois Law Review 1676 (2011).
"Processing Pleadings and the Psychology of Prejudgment," 60 DePaul Law Review 413 (2011).  
"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).
"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).
"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).
"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),