In two experiments, participants judged the fairness of different distributions of wealth in hypothetical societies. In the first study, the level of meritocracy in the hypothetical societies and the frame of reference from which participants' judged alternative distributions of wealth...

We report the results of three experiments examining the long-standing debate within tort theory over whether corrective justice is independent of, or parasitic on, distributive justice. Using a "hypothetical societies" paradigm that serves as an impartial reasoning device and permits...

This essay replies to critics of our earlier article reviewing efforts to apply psychological research on implicit bias to antidiscrimination law. We document that we do not hold the normative position ascribed to us by our leading critic, Professor Bagenstos, and that he misconstrued our...

In this draft of a chapter forthcoming in a book on political psychology, we advocate blending thought experiments with laboratory experiments via a technique we call "the hypothetical society paradigm," which is designed to bring out the inferential advantages of both approaches while...

Perceptions of proximity matter to people. When something that harms them was nearly avoided, or when they narrowly escape being harmed by something, or when they almost acquire something they want, but nevertheless fail to do so, they tend to react more strongly than when a harm that befalls...

In Dukes v. Wal-Mart, the Ninth Circuit upheld the certification of the largest employment discrimination class in history, with more than 1.5 million women employees seeking over $1.5 billion in damages. A crucial piece of evidence supporting class certification came from a sociologist who...

Behavioral Law and Economics' effort to replace standard microeconomic assumptions with more realistic, yet still simple assumptions — without jettisoning a basic economic orientation toward behavior that emphasizes prices and utility maximization — has led to the acceptance of an...

This chapter considers the psychological, methodological, and normative paths taken by behavioral law and economics ("BLE") and alternative paths that BLE might have taken, and might still take. The counterfactual BLE imagined here stresses the B in BLE, with behavioral approaches to legal...

Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite the dynamic effects of paternalistic policies. In this article, we consider how paternalistic policies fare under a dynamic account of...

Biases in judgment and decision-making often arise at the level of first-order thoughts. If these initial thoughts are not overridden by second-order thoughts, they may lead to biased outputs. Current psychological models of legal actors assume that individuals are largely incapable of...