Mitchell F. Crusto (Loyola University New Orleans - School of Law) has posted Empathic Dialogue: From Formalism to Value Principles (Southern Methodist University Law Review, Vol. 65, p. 845, 2012) on SSRN. Here is the abstract:
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In response to a recent call for heightened attention to judicial ethics and quality judicial decision making, this Article posits the idea that judges should engage in empathic dialogue, a judicial discipline, to achieve empathic constitutionality — a set of value choices that attend to the real world effects of their decisions on people. It seeks a paradigm shift from rights-neutral formalism to rights-focused value principles in federal courts. And it argues that especially during these economically challenging times, judges should assess their biases to minimize “blind injustice,” the unintended negative effects of their decisions and to achieve true justice.
