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JournalISSN: 0010-8847

Cornell Law Review 

Cornell University
About: Cornell Law Review is an academic journal. The journal publishes majorly in the area(s): Supreme court & Constitution. It has an ISSN identifier of 0010-8847. Over the lifetime, 1451 publications have been published receiving 14185 citations. The journal is also known as: Cornell L. Rev..


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Journal Article
TL;DR: The inherent problem with such lawmaking moments, however, is just that: they are moments as mentioned in this paper, and what Congress and the President do with much fanfare can quickly and quietly slip away in the ensuing years.
Abstract: Climate change may soon have its “lawmaking moment” in the United States. The inherent problem with such lawmaking moments, however, is just that: they are moments. What Congress and the President do with much fanfare can quickly and quietly slip away in the ensuing years. This is famously so for environmental law. Subsequent legislative amendments, limited budgets, appropriations riders, interpretive agency rulings, massive delays in rulemaking, and simple nonenforcement are more than capable of converting a seemingly uncompromising legal mandate into nothing more than a symbolic aspirational statement. Climate change legislation is especially vulnerable to being unraveled over time for a variety of reasons, but especially because of the extent to which it imposes costs on the short term for the realization of benefits many decades and sometimes centuries later. To be successful over the long term, climate change legislation will need to include institutional design features that insulate programmatic implementation to a

475 citations

Journal Article

279 citations

Journal Article

250 citations

Journal Article
TL;DR: The authors found that judges are susceptible to five common cognitive illusions (anchoring, framing, hindsight bias, inverse fallacy, and egocentric biases) and found that each of these illusions had a significant impact on judicial decision making.
Abstract: The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid systematic errors. This expectation, however, might be unrealistic. Psychologists who study human judgment and choice have learned that people frequently fall prey to cognitive illusions that produce systematic errors in judgment. Even though judges are experienced, well-trained, and highly motivated decision makers, they might be vulnerable to cognitive illusions. We report the results of an empirical study designed to determine whether five common cognitive illusions (anchoring, framing, hindsight bias, inverse fallacy, and egocentric biases) would influence the decision-making processes of a sample of 167 federal magistrate judges. Although the judges in our study appeared somewhat less susceptible to two of these illusions (framing effects and the inverse fallacy) than lay decision makers, we found that each of the five illusions we tested had a significant impact on judicial decision making. Judges, it seems, are human. Like the rest of us, their judgment is affected by cognitive illusions that can produce systematic errors in judgment.

233 citations

Journal Article
TL;DR: The authors found that race discrimination in the administration of the death penalty was a major cause of bias and discomposure in death penalty cases, including Furman v. Georgia, and the post-Furman data.
Abstract: Introduction ................................................... 1643 I. DISCRETION AND DISCRIMINATION ........................ 1643 A. Early Questions About, and Challenges to, the Scope of Discretion in Death Cases, Including Furman v. Georgia ................................... 1648 B. Ethical, Moral, and Legal Concerns Implicated by Race Discrimination in the Administration of the Death Penalty ...................................... 1650 1. Ethical and Moral Concerns ....................... 1650 2. Legal Concerns ................................... 1653 II. POST-F'URMAN EVIDENCE OF ARBITRARINESS AND DISCRIMINATION ......................................... 1654 A. Issues of Proof and Interpretation .................. 1654 B. An Overview of the Post-Furman Data ............... 1658 C. Geographic Scope of the Post-Furman Race Disparities .......................................... 1660 III. RECENT FINDINGS FROM PHILADELPHIA ................... 1662 A. Background ........................................ 1662 B. A Methodological Overview of the Philadelphia Research ........................................... 1667 1. Sampling and Case Screening Plan ................. 1668 2. Data Sources ..................................... 1670 3. Data Coding and Entry ........................... 1671

179 citations

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Performance
Metrics
No. of papers from the Journal in previous years
YearPapers
20202
201916
201816
201722
201620
201518