This chapter introduces cognitive legal studies and cognitive economic methods for measuring and minimizing decision-making mistakes using cognitive nudges. It outlines a case study that shows how adding an index to complex case files improved the quality of justice in Mexican labor arbitration courts in cases of unfair dismissal. It also indicates the need for cognitively-informed mandated disclosure regulations. It stresses how cognitively demanding is the Duty to Understand legal doctrine for complex online privacy disclosures and other sign-in-wrap contracts. It introduces experimental methods to test the effects of mandated disclosure regulations in reducing decision-making mistakes based on Bloom's educational taxonomy.

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Measuring and Minimizing Mistakes

  • Andrew Caplin

摘要

This chapter introduces cognitive legal studies and cognitive economic methods for measuring and minimizing decision-making mistakes using cognitive nudges. It outlines a case study that shows how adding an index to complex case files improved the quality of justice in Mexican labor arbitration courts in cases of unfair dismissal. It also indicates the need for cognitively-informed mandated disclosure regulations. It stresses how cognitively demanding is the Duty to Understand legal doctrine for complex online privacy disclosures and other sign-in-wrap contracts. It introduces experimental methods to test the effects of mandated disclosure regulations in reducing decision-making mistakes based on Bloom's educational taxonomy.