Document Type
Article
Publication Title
Duke Law Journal
Publication Date
2009
ISSN
0012-7086
Page Number
1477
Keywords
judges, ALI, decision making, intuition, deliberation, heuristic and biases
Disciplines
Administrative Law | Law
Abstract
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
Recommended Citation
Chris Guthrie, Jeffrey J. Rachlinski, and Andrew J. Wistrich,
The "Hidden Judiciary": An Empirical Examination of Executive Branch Justice, 58 Duke Law Journal. 1477
(2009)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/810