Document Type

Article

Publication Title

Duke Law Journal

Publication Date

2009

Page Number

1477

Keywords

judges, ALI, decision making, intuition, deliberation

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.

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