This interdisciplinary seminar critically examines the “rational actor” model of legal decision making (proposed by classical economic theorists) in light of the work of social and cognitive psychology.  This course will examine cutting-edge empirical and experimental research and will challenge the descriptive assumptions that underlie legal doctrine in a variety of areas, including criminal law, contracts, torts, corporate law, administrative law, and the rules of evidence and procedure. 

Topics include, but are not limited to: (1) how moral and social norms interact with legal rules to influence behavior (and whether they should); (2) how cognitive biases affect a party’s ability to bargain efficiently for goods; (3) the psychological factors that guide decisions regarding whether and how much to punish wrongdoers; (4) the power that group dynamics exert on board members in corporate decision making; and (5) whether the traditional “law and economics” approach to tort law fits with psychological research on risk.  Grades will be based on a presentation and research paper.