Empiricism, Religion, and Judicial Decision-Making

Abstract

This Essay reviews empirical studies suggesting that the religious orientations of judges and litigants affect judicial outcomes These empirical studies however necessarily have limitations They do not unequivocally prove any hypotheses but rather provide evidence of certain tendencies in judicial decision making Specifically the religious orientations of both the judge or judges and the claimants appear to affect whether or not a religious freedom claim particularly one brought under the free exercise clause is likely to be either validated or invalidated More generally an individual's perceived membership in a social group is likely to influence his or her values interests and judgments

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