
Contents
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Cognitive Processes of Decision Making Cognitive Processes of Decision Making
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Motivational and Behavioral Heterogeneity Motivational and Behavioral Heterogeneity
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Top-Down and Bottom-Up Models of Reasoning and Judgment Top-Down and Bottom-Up Models of Reasoning and Judgment
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Conditions Under Which People Engage in Top-Down or Bottom-Up Reasoning Conditions Under Which People Engage in Top-Down or Bottom-Up Reasoning
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Processes of Supreme Court Decision Making Processes of Supreme Court Decision Making
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Attitudes, Policy Preferences, and Ideological Values Attitudes, Policy Preferences, and Ideological Values
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Top-Down and Bottom-Up Processes of Judicial Decision Making Top-Down and Bottom-Up Processes of Judicial Decision Making
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Sequence of Justices' Decision Processes Sequence of Justices' Decision Processes
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Ideal Types of Justices' Decision Processes Ideal Types of Justices' Decision Processes
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Conclusion Conclusion
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Notes Notes
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3 3 Top-Down and Bottom-Up Models of Judicial Reasoning
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Published:January 2010
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Abstract
This essay offers a perspective on how social psychological insights regarding the cognitive processes of judgment can help enrich our understanding of judicial decision making. Such a focus facilitates a greater understanding of a key inquiry in the study of judicial decision making: when ideology and legal considerations will exhibit greater or lesser effects on judges’ choices. I posit a theoretical framework of judging focusing on top-down versus bottom-up reasoning processes. The theoretical perspective is primarily aimed toward explaining decision making by Supreme Court justices, but the arguments are relevant to judges at other levels of the judiciary.
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