J.W. Long Law Library


Judicial Decision-Making

ABA, Section of Judicial Administration, Appellate Judges Conference, Panel Discussion, "Improving Procedures in the Decisional Process," 52 F.R.D. 51 (1970).

Abraham, Kenneth S., "Three Fallacies of Interpretation:  A Comment on Precedent and Judicial Decision, " 23 ARIZONA LAW REVIEW 771 (1981).

Aldisert, Ruggero, "Philosophy, Jurisprudence, and Jurisprudential Temperament of Federal Judges," 20 INDIANA LAW REVIEW 453 (1987).

Bohlen, Francis H., "The Reality of What the Courts Are Doing," in Radin, Max and Kidd, A.M., Legal Essays in Tribute to Orrin Kip McMurray, pp. 39-49.  Berkeley, University of California Press, 1935.

Currie, George R., "Appellate Courts Use of Facts Outside of the Record by Resort to Judicial Notice and Independent Investigation," 1960 WISCONSIN LAW REVIEW 39 (1960).

Day, Jack G., "Why Judges Must Make Law," 26 CASE WESTERN RESERVE 563 (1976).

Dickinson, John, "Legal Rules: Their Application and Elaboration," 79 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1052 (1931).

Dickinson, John, "Legal Rules: Their Function in the Process of Decision," 79 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 833 (1931).

Fallon, Richard H., "Non-Legal Theory in Judicial Decision making," 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 87 (1994).

Farber, Daniel A., "The Case Against Brilliance," 70  MINNESOTA LAW REVIEW 917 (1986).

Farber, Daniel A., and Frickey, Philip P., "The Jurisprudence of Public Choice," 65 TEXAS LAW REVIEW 873 (1987).

Frank, Jerome, "Are Judges Human?" 80 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 17 (1931).

Friedman, Lawrence M., "Legal Rules and the Process of Social Change," 19 STANFORD LAW REVIEW 786 (1967).

Fuller, Lon L., "The Forms and Limits of Adjudication," 92 HARVARD LAW REVIEW 353 (1978).

Ganz, G., "Allocation of Decision-making Functions," 1972 PUBLIC LAW 215 (1972).

Graglia, Lino A., "Do Judges Have a Policy-Making Role in the American System of Government?", 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 119 (1994).

Hart, Henry M. and McNaughton, John T., "Evidence and Inference in the Law," 87 DAEDALUS 40 (Fall, 1958).

Henderson, James A., "Judicial Review of Manufacturers' Conscious Design Choices: The Limits of Adjudication," 73 COLUMBIA LAW REVIEW 1531 (1973).

Holmes, Oliver Wendell, "The Path of the Law," 10 HARVARD LAW REVIEW 61 (1897).

Hopkins, James D., "Fictions and the Judicial Process: A Preliminary Theory of Decision," 33 BROOKLYN LAW REVIEW 1 (1966).

Howarth, David, "O Madness of Discourse, That Cause Sets Up With and Against Itself!" 96 YALE LAW JOURNAL 1389 (1987) (reviewing Hart, H.L.A., and Honore, Tony, Causation in the Law (1985)).

Hubbard, F. Patrick and Larsen, Mary Johnson, , "Contract Cohabitation: A Jurisprudential Perspective on Common Law Judging," 19 JOURNAL OF FAMILY LAW 655 (1980-81).

Hughes, Graham, "Rules, Policy and Decision Making," 77 YALE LAW JOURNAL 411 (1968).

Hutcheson, Joseph C. Jr., "The Judgment Intuitive: The Function of the 'Hunch' in Judicial Decision," 14 CORNELL LAW QUARTERLY 274 (1928/29).

Jowell, Jeffrey, "The Legal Control of Administrative Discretion," 1978 PUBLIC LAW 178 (1973).

Kelman, Mark, "On Democracy-Bashing: A Skeptical Look at the Theoretical and 'Empirical' Practice of the Public Choice Movement," 74 VIRGINIA LAW REVIEW 199 (1988).

Kennedy, Duncan, "Legal Formality," 2 JOURNAL OF LEGAL STUDIES 351 (1973).

Leff, Arthur Allen, "Economic Analysis of Law: Some Realism About Normalism," 60 VIRGINIA LAW REVIEW 451 (1974).

Lyons, David, "Formal Justice, Moral Commitment, and Judicial Precedent," 81 JOURNAL OF PHILOSOPHY 580 (1984).

McHugh, James B., "Risk Administration in the Marketplace: A Reappraisal of the Independent Contractor Rule," 40 UNIVERSITY OF CHICAGO LAW REVIEW 661 (1973).

Miller, Arthur S. and Barron, Jerome A., "The Supreme Court , The Adversary System, and the Flow of Information to the Justices: A Preliminary Inquiry," 61 VIRGINIA LAW REVIEW 1187 (1975).

Note, "Limitation of Judicial Decisions to Prospective Operation," 46 IOWA LAW REVIEW 600 (1961).

Note, "Social and Economic Facts - Appraisal of Suggested Techniques for Presenting Them to the Courts," 61 HARVARD LAW REVIEW 692 (1948).

O'Connell, Kenneth J., "Continuing Legal Education for the Judiciary," 16 JOURNAL OF LEGAL EDUCATION 405 (1964).

O'Connell, Kenneth J., "Oregon's Common Law Tradition: An Endangered Species," 27 WILLAMETTE LAW REVIEW 197 (1991).

O'Connell, Kenneth J., "Patterns of Decision-making: A  Device for Teaching Appellate Judges, et al., " 70 OREGON LAW REVIEW 57 (1991).

O'Connell, Kenneth J., "Taking Process Seriously in Judicial Decision Making," 67 OREGON LAW REVIEW 837 (1988).

Oliphant, Herman, "Facts, Opinions, and Value Judgments," 10 TEXAS LAW REVIEW 127 (1932).

Philbrick, Francis S., "Changing Conceptions of Property in Law," 86 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 691 (1938).

Rheinstein, Max, "Who Watches the Watchmen?," Chapter 29, p. 589 in Sayre, P., Interpretations of Modern Legal Philosophies N.Y., Oxford (1947).

Rose, Carol, "The Comedy of the Commons:  Custom, Commerce, and Inherently Public Property," 53 UNIVERSITY OF CHICAGO LAW REVIEW 711 (1986).

Rostow, Eugene V., "The Democratic Character of Judicial Review," 66 HARVARD LAW REVIEW 193 (1952).

Schauer, Frederick, "Opinions as Rules," 53 UNIVERSITY OF CHICAGO LAW REVIEW 682 (1986) (reviewing Bernard Schwartz, The Unpublished Opinions of the Warren Court (1985)).

Schaefer, Walter, "Precedent and Policy," 34 UNIVERSITY OF CHICAGO LAW REVIEW 3 (1966).

Schlag, Pierre, "Autonomous Self," 76 GEORGETOWN LAW JOURNAL 37 (1987).

Schlag, Pierre, "Rules and Standards," 33 UCLA LAW REVIEW 379 (1985).

Traynor, Roger J., "The Well Tempered Judicial Decision," 21 ARKANSAS LAW REVIEW 287 (1967).

Wachtler, Sol, "Judicial Lawmaking," 65 NEW YORK UNIVERSITY LAW REVIEW 1 (1990).

Weiler, Paul, "Two Models of Judicial Decision-making," 46 CANADIAN BAR REVIEW 406 (1968).

White, James Boyd, "Judicial Criticism," 20 GEORGIA LAW REVIEW 835 (1986).

Williams, Stephen F., "Panel IV: Non-Legal Theory in Judicial Decision-making: 'Legal' vs 'Non-Legal' Theory," 17 HARVARD JOURNAL OF LAW & PUBLIC POLICY 79 (1994).

Yeazell, Stephen C., "Convention, Fiction and Law," 13 NEW LITERARY HISTORY 89 (1981).