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Articles2
The Affective Blindness of Evidence Law
Evidentiary rules and practices reveal a folk psychological view of emotion, placing it at odds with reason. Specifically, many substantive and procedural rules of evidence explicitly require jurors to turn off their emotions in favor of rational, so-called “top-down,” executive thinking. In order to make the point that this dichotomy between emotion and rea
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Utah Law Digital Commons3mo agoThe Eminence of Imminence and the Myopia of Markets
This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here I am interested in a partic
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Utah Law Digital Commons3mo ago