Abstract

http://ssrn.com/abstract=928407
 
 

Footnotes (93)



 


 



Judicial Opinions as Minefields of Misinformation: Antecedents, Consequences and Remedies


Jacob Jacoby


New York University (NYU) - Department of Marketing; New York University (NYU) - Leonard N. Stern School of Business

August 15, 2006

NYU Law School, Public Law Research Paper No. 06-24
NYU, Law and Economics Research Paper No. 06-34

Abstract:     
Discussing factors that may make judicial opinions a minefield of misinformation, Seventh Circuit Judge Richard Posner hypothesizes . . . judges' knowledge of the world . . . relevant to legal decision making, derives to a significant degree from judicial opinions that, he suggests, may often be systematically unreliable sources of information. To test this hypothesis, Judge Posner urges academic commentators to expand their study of cases beyond judicial opinions . . . [and] get hold of the briefs and record to check the accuracy of the factual recitals in the opinion. Doing as Judge Posner proposes yields support for his hypothesis. The analysis also reveals that where a court's factual recitals do not comport with the underlying record, the negative effects can extend beyond the delivery of justice in the instant matter to denigrating subsequent case law and generating other adverse effects as well. After considering the antecedents and consequents of erroneous factual recitals, remedies are suggested for mitigating the problem.

Number of Pages in PDF File: 59

working papers series


Download This Paper

Date posted: September 6, 2006  

Suggested Citation

Jacoby, Jacob, Judicial Opinions as Minefields of Misinformation: Antecedents, Consequences and Remedies (August 15, 2006). NYU Law School, Public Law Research Paper No. 06-24; NYU, Law and Economics Research Paper No. 06-34. Available at SSRN: http://ssrn.com/abstract=928407 or http://dx.doi.org/10.2139/ssrn.928407

Contact Information

Jacob Jacoby (Contact Author)
New York University (NYU) - Department of Marketing ( email )
909 Tisch Hall
40 West Fourth St
New York, NY
United States
212-998-0515 (Phone)
212-995-4006 (Fax)
New York University (NYU) - Leonard N. Stern School of Business ( email )
40 West 4th Street
909 Tisch Hall
New York, NY 10012
United States
Feedback to SSRN


Paper statistics
Abstract Views: 868
Downloads: 141
Download Rank: 121,294
Footnotes:  93

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds