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Expert Analysis

Winning Or Losing Your Case In The Blink Of An Eye

Law360, New York (November 18, 2013, 6:34 PM EST) -- When a party files a lawsuit, their lawyer's job comes down to convincing people that their client's facts and the law support their desired outcome. Lawyers are trained and obligated to systematically build their case, checking off all of the required boxes as they march toward proving or defending their case. This makes sense. It is logical. Nonetheless, Malcolm Gladwell in his book Blink argues that this system may lead to the perversion of justice based on people's snap judgments powered by innate biases. Assuming the truth of Gladwell's argument, the question is what, if anything, can and should we do to fix this issue?...

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