Whose eyes are you going to believe-Scott v. Harris and the perils of cognitive illiberalism

DM Kahan, DA Hoffman, D Braman - Harv. L. Rev., 2008 - HeinOnline
Harv. L. Rev., 2008HeinOnline
For Craig Jones, it had to be one of those sinking moments when a lawyer arguing a case
before the Supreme Court realizes, with stomach-turning certitude, that all is lost. Not only
were the Justices broadcasting in their questions at oral argument that they were disposed
to rule against him. They were making clear that their inclinations rested on a foundation that
simply does not admit of counterargument: brute sense impressions.
For Craig Jones, it had to be one of those sinking moments when a lawyer arguing a case before the Supreme Court realizes, with stomach-turning certitude, that all is lost. Not only were the Justices broadcasting in their questions at oral argument that they were disposed to rule against him. They were making clear that their inclinations rested on a foundation that simply does not admit of counterargument: brute sense impressions.
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