Friday, July 23, 2021
Alina Ball (UC-Hastings), Minimizing the Impact of Cognitive Bias in Transactional Legal Education, 52 Conn. L. Rev. 1139 (2021):
This Article explores methods law professors can employ to address the cognitive biases their law students possess. This Article provides concrete thoughts on how transactional law clinics can utilize the social, political, and neuroscience research included in this symposium edition.
The partisan divide that evolved over appropriate measures to prevent the spread of COVID-19 has provided yet another public display of political tribalism, populace polarization, and epistemic authority. During a presidential term pledged with brazen politics and mutual disdain for the other side,2 even the global crisis of the pandemic has not been sufficient to close the chasm. There seems to be no better moment than the present to take seriously the themes raised in this symposium volume and reflect on the role law schools can have in making law students sensitive to the complexity of human decision making. Society relies on lawyers to reconcile conflicting interests, ensure flow of reliable information, minimize opportunism that might otherwise exist between opposing parties, and marshal evidence that facilitates problem solving in the midst of ambiguity.