Special Report on
Legal Decision Theory
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Precedent - Wikipedia, the free encyclopedia
must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). By definition, decisions of lower courts are not binding on courts higher in the system, nor are appeals court decisions binding on local courts that fall under a different appeals court. Further, courts must ...
--the Sheila McDevit professor of Law at Florida State University--has launched an assualt on the behavioral law and economics movement (or as he calls it, "legal decision theory"). Legal decision theorists typcially rely on empirical research from social psychology--especially the research on heuristics and biases--to undermine some of the foundational assumptions of traditional law and economics (especially the rational actor models of human psychology and decision-making so prevalent among economists). According to Mitchel, legal decision theorists all-too-often make ... Read More
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