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xiii | |
Foreword |
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xv | |
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I Introduction and Overview |
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Introduction |
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3 | (1) |
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4 | (5) |
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9 | (4) |
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1 A Primer on the Psychology of Cognitive Bias |
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A Primer on the Psychology of Cognitive Bias |
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13 | (1) |
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Theoretical Framework of Human Cognition |
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14 | (1) |
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15 | (4) |
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Mitigating the Effect of Context |
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19 | (2) |
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21 | (1) |
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22 | (3) |
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2 Why Blinding? How Blinding? A Theory of Blinding and Its Application to Institutional Corruption |
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Blinding as Disaggregation |
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25 | (2) |
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27 | (1) |
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Institutional Corruption and the Failure of Common Solutions |
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28 | (4) |
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Blinding as a Solution to Institutional Corruption |
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32 | (3) |
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Blinding Applied to Litigation, Science, and Politics |
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35 | (1) |
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36 | (1) |
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36 | (9) |
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Rigor in Biomedical Science |
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3 From Trials to Trials: Blinding, Medicine, and Honest Adjudication |
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45 | (1) |
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46 | (3) |
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49 | (4) |
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Blinding in Medicine Moves to the Courtroom |
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53 | (3) |
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56 | (3) |
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4 Blinding in Biomedical Research: An Essential Method to Reduce Risk of Bias |
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59 | (1) |
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Terminology and Reporting |
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60 | (2) |
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Mechanisms for Introducing Bias in Nonblinded Studies |
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62 | (1) |
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Empirical Investigations of the Impact of Blinding |
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63 | (3) |
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66 | (1) |
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Blinding in Nonrandomized Study Designs |
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67 | (3) |
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70 | (1) |
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70 | (5) |
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5 Blind Peer Review by Academic Journals |
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75 | (2) |
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77 | (2) |
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Double-Blinding as a Means of Enhancing Fairness |
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79 | (5) |
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Blinding as a Means of Improving the Quality of Reviews |
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84 | (3) |
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Breaking the (Double) Blind |
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87 | (3) |
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Preferences for Open, Single-, or Double-Blind Review |
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90 | (2) |
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92 | (1) |
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93 | (4) |
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6 Clinical Trial Blinding in the Age of Social Media |
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97 | (1) |
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Researcher-Led Unblinding |
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98 | (1) |
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99 | (4) |
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103 | (2) |
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105 | (2) |
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7 The Ethics of Single-Blind Trials in Biomedicine |
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107 | (1) |
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Internal Mammary Artery Ligation: An Instructive Case Study |
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108 | (2) |
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Justifying Invasive Placebo Controls: Risk-Benefit Assessment |
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110 | (1) |
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Deception and Informed Consent |
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111 | (2) |
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113 | (1) |
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114 | (1) |
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8 "Money Blinding" as a Solution to Biased Design and Conduct of Scientific Research |
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The Problem of Commercial Bias in Science |
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115 | (1) |
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Models for Independent Science |
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116 | (2) |
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Money Blinding as a Solution |
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118 | (1) |
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119 | (2) |
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121 | (2) |
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Assessing the Arguments against Money Blinding |
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123 | (1) |
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124 | (1) |
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124 | (1) |
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124 | (9) |
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IV FORENSIC SCIENCE: CRIMINAL AND CIVIL |
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Rigor in Forensic Science |
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9 Determining the Proper Evidentiary Basis for an Expert Opinion: What Do Experts Need to Know and When Do They Know Too Much? |
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133 | (2) |
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What Should Ancillary Experts Know? Dilemmas in Three Fields |
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135 | (4) |
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139 | (8) |
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Experts Who Are Also Decision Makers |
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147 | (1) |
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148 | (1) |
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149 | (1) |
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149 | (2) |
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10 Minimizing and Leveraging Bias in Forensic Science |
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151 | (2) |
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Hierarchical versus Distributed System |
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153 | (4) |
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Minimizing Bias versus Leveraging Bias |
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157 | (2) |
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159 | (2) |
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Why It May Be Hard to Get the Optimal Mix |
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161 | (3) |
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164 | (1) |
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164 | (3) |
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11 What Do Statisticians Really Need to Know, and When Do They Need to Know It? |
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167 | (1) |
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Causal Inference from Observational Data |
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168 | (7) |
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Blinding: Lock the Outcome Variables in a Closet |
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175 | (2) |
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Can We Institutionalize This Kind of Analysis? |
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177 | (1) |
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178 | (1) |
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178 | (3) |
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12 Using Blind Reviews to Address Biases in Medical Malpractice |
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181 | (1) |
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182 | (3) |
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185 | (7) |
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192 | (1) |
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192 | (4) |
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13 Mock Juror and Jury Assessment of Blinded Expert Witnesses |
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196 | (1) |
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196 | (1) |
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Impact of Blinded Expert Witnesses on Civil Jury Verdicts |
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197 | (8) |
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Mock Jurors' Assessments of Blinded Experts in Criminal Trials |
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205 | (4) |
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209 | (1) |
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210 | (1) |
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14 Disclosure Discretion and Selection Bias in Blinding of Experts |
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211 | (1) |
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Selection Bias and the Attorney Work-Product Doctrine |
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212 | (2) |
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The Fallacies of Disclosure Discretion |
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214 | (2) |
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216 | (1) |
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217 | (2) |
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219 | (1) |
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219 | (12) |
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V BLINDING IN LEGAL INSTITUTIONS |
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Legal Applications of the Disclose-or-Blindfold Question |
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15 Why Eyes? Cautionary Tales from Law's Blindfolded Justice |
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Impartiality---or Ignorance, Caprice, and Obstinacy |
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231 | (2) |
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Revising the Valence of the Blindfold |
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233 | (4) |
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The Philosophy and Psychology of Sight: A Blind Man "Made to See" |
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237 | (1) |
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Separating Powers, Color-Blind Constitutions, and Veils of Ignorance |
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238 | (4) |
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The Multiple Vantage Points of Justice |
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242 | (3) |
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245 | (4) |
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249 | (2) |
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A Taxonomy of Anonymity Rules |
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251 | (1) |
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252 | (5) |
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Implications for Law and Policy |
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257 | (6) |
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263 | (1) |
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263 | (2) |
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17 The Cases for and against Blindfolding the Jury |
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265 | (2) |
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The Jury as Active Information Processor |
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267 | (1) |
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Attempts to Control Juries |
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267 | (1) |
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Assessing the Effects of Blindfolding and Instructions |
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268 | (3) |
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The Role of Expectations in Jury Decision Making |
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271 | (1) |
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The Case against Blindfolding |
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272 | (1) |
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When Blindfolding Is Required |
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273 | (1) |
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Minimizing Harmful Effects When Blindfolding Is Not a Plausible Strategy |
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274 | (1) |
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275 | (1) |
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275 | (3) |
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18 The Compliance Equation: Creating a More Ethical and Equitable Campaign Financing System by Blinding Contributions to Federal Candidates |
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278 | (2) |
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Anonymity: An Alternative to Mandatory Disclosure |
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280 | (1) |
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280 | (2) |
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How Disclosure Contributes to Legalized Corruption |
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282 | (2) |
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Beneficiaries of FECA's Mandatory Public Reporting System |
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284 | (2) |
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What Contributions Do and Do Not Buy |
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286 | (2) |
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An Anonymity-Based Campaign Finance System |
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288 | (1) |
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The Compliance Equation: Leveraging Human Nature |
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289 | (3) |
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Additional Benefits of Anonymity-Based Campaign Financing |
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292 | (1) |
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The Question of Constitutionality |
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293 | (2) |
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295 | (1) |
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296 | (1) |
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19 Blinding Eyewitness Identifications |
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297 | (1) |
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298 | (2) |
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The Law of Eyewitness Identifications |
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300 | (1) |
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301 | (2) |
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303 | (1) |
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303 | (1) |
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304 | (1) |
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305 | (2) |
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20 Blind Appointments in Arbitration |
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307 | (1) |
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Blind Appointments and the Debate Over Unilaterals |
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308 | (1) |
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The Case of International Investment Arbitration |
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309 | (4) |
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Debiasing Party Appointments and the Case for Blinding |
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313 | (4) |
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317 | (1) |
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317 | (1) |
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317 | (2) |
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21 Psychological Obstacles to the Judicial Disqualification Inquiry, and Blinded Review as an Aid |
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319 | (2) |
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The Law of Judicial Disqualification |
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321 | (3) |
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Psychological Obstacles to Diagnosing Bias |
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324 | (5) |
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Third-Party Disqualification Review |
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329 | (1) |
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Blinded Disqualification Review |
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330 | (2) |
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332 | (3) |
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22 Masking Information Source within the Internal Revenue Service |
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335 | (1) |
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A Potential Solution in the Whistleblower Program |
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336 | (1) |
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Bias against Whistleblowers |
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336 | (1) |
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337 | (1) |
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Cognitive Bias and Prosecutorial Discretion |
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337 | (1) |
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Strategies for Combating Cognitive Bias from Prior Literature |
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338 | (1) |
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Removing Cognitive Bias Instead of Mitigating Its Effects |
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338 | (1) |
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Blinding in the IRS Whistleblower Program |
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339 | (3) |
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342 | (4) |
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23 Blinding the Law: The Potential Virtue of Legal Uncertainty |
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346 | (2) |
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348 | (3) |
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Legal Uncertainty as a Veil of Ignorance |
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351 | (3) |
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The Inadvertent Consequences of Legal Uncertainty |
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354 | (1) |
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Policy Implications: The Role of Uncertainty within the Law |
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355 | (4) |
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359 | (1) |
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360 | (3) |
Index |
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363 | |