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...

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...

We present experimental results demonstrating how ideology shapes evaluations of technology aimed at detecting unconscious biases: (1) liberals supported use of the technology to detect unconscious racism but not unconscious anti-Americanism, whereas conservatives showed the reverse pattern, (2)...

An important debate is brewing over the proper scope of expert witness testimony that purports to summarize general social science evidence to provide context for the factfinder to decide case-specific questions. In a recent article, we argued that experts who provide this ‘social framework'...

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...