Behavioral Analysis of Lawyering: Case Studies in Legal Decision-Making

Posted: 3 Jul 2001

See all articles by Joseph W. Rand

Joseph W. Rand

affiliation not provided to SSRN

Abstract

This paper examines the potential impact of the developing work in behavioral legal analysis on lawyering pedagogy, and explains how using management-style case studies to teach problem-solving skills can train students to be more effective lawyers. Specifically, the paper will:

(i) argue for a greater inclusion of behavioral psychology in the law school curriculum, showing the connection of the developing school of Behavioral Analysis of the Law to the lawyering function and examining how decision-making traps and biases can undermine lawyer problem-solving;

(ii) argue for the use of business-school style case studies to teach lawyering skills and related doctrines (negotiation, ethics, dispute resolution), and explain how to identify, create, and teach from case-studies; and

(iii) provide examples and illustrations from the case studies created to teach problem-solving and avoid biased judgments.

Suggested Citation

Rand, Joseph W., Behavioral Analysis of Lawyering: Case Studies in Legal Decision-Making. Available at SSRN: https://ssrn.com/abstract=271418

Joseph W. Rand (Contact Author)

affiliation not provided to SSRN

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
1,270
PlumX Metrics