The Myth of Choice_ Personal Responsibility in a World of Limits - Kent Greenfield [101]
9. JAMES JOYCE, ULYSSES 125 (Digireads.com Publishing 2009) (1922).
10. MALCOLM GLADWELL, BLINK: THE POWER OF THINKING WITHOUT THINKING 6 (2005).
11. JONAH LEHRER, HOW WE DECIDE 1 (2009).
12. Scott Brown, Commencement Lecture, Boston College Law School, May 28, 2010, available at http://www.bc.edu/bc_org/rvp/pubaf/10/Brown_speech_2010.pdf.
13. JAMES SUROWIECKI, THE WISDOM OF CROWDS: WHY THE MANY ARE SMARTER THAN THE FEW AND HOW COLLECTIVE WISDOM SHAPES BUSINESS, ECONOMIES, SOCIETIES AND NATIONS (2004).
14. See S. E. Asch, effects of Group Pressure upon the Modification and Distortion of Judgment, in GROUPS, LEADERSHIP AND MEN (H. Guetzkow, ed., 1951) (describing a study in which participants were seated together in a room and asked a series of questions about a series of lines; when a set of control individuals gave incorrect answers, the non-control participants’ answers conformed).
15. For an example of the dangers of groupthink, see Marleen O’Connor, The Enron Board: The Perils of Groupthink, 71 U. CINN. L. REV. 1233 (2003).
16. See United States v. Booker, 543 U.S. 220, 247 (2005). See also Porter v. McCollum, 558 U.S. ___ (2009) (in capital case, war trauma of defendant should be available for jury to consider in deciding whether to impose sentence of execution).
17. Roberts: “My Job Is to Call Balls and Strikes and Not to Pitch or Bat,” CNN, Sept. 12, 2005, http://www.cnn.com.
18. Jake Tapper & Sunlen Miller, POTUS Interrupts Press Briefing to Announce Souter’s Retirement, Announce Qualifications for Next Supreme, May 1, 2009, available at http://blogs.abcnews.com.
19. Steven G. Calabresi, Obama’s “Redistribution” Constitution, available at http://online.wsj.com.
20. See WALTER R. FISHER, HUMAN COMMUNICATION AS NARRATION: TOWARD A PHILOSOPHY OF REASON, VALUE, AND ACTION (1989) (arguing that all human communication is a form of storytelling).
21. See, for example, Cass Sunstein, The Law of Group Polarization, 10 J. POL. PHIL. 175 (2002).
22. Kyles v. Whitley, 514 U.S. 419 (1995).
23. For an account of the case, see JED HORNE, DESIRE STREET: A TRUE STORY OF DEATH AND DELIVERANCE IN NEW ORLEANS (2005).
24. United States v. Drayton, 536 U.S. 194 (2002).
25. See DANIEL T. DRUBIN, LETTING GO OF YOUR BANANAS: HOW TO BECOME MORE SUCCESSFUL BY GETTING RID OF EVERYTHING ROTTEN IN YOUR LIFE 35 (2006) (“Every excuse I ever heard made perfect sense to the person with the excuse.”).
26. See, for example, Jon D. Hanson & David Yosifon, The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture, 152 PA. L. REV. 129 (2003); see also Adam Benforado & Jon D. Hanson, The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy, 57 EMORY L. J. 311 (2008). See also Edward E. Jones & Victor Harris, The Attribution of Attitudes, J. OF EXPER. SOC. PSYCH., 3, 1–2 (1967).
27. Briefing: Rough Justice in America; Too Many Laws, Too Many Prisoners, THE ECONOMIST, July 24, 2010, at 26.
CHAPTER 9
Building Choice in a World of Limits
Epigraphs: Leo Tolstoy, Some Social Remedies 29, in PAMPHLETS. Translated from the Russian (1900); available at Google books. “Free Bird,” words and music by Allen Collins and Ronnie Van Zant, copyright © 1973, 1975 Songs of Universal, Inc., copyrights renewed. All rights reserved. Reprinted by permission of Hal Leonard Corporation.
1. THE CRYING GAME (Miramax Films 1992).
2. See Woman Accused of Church Theft Blames Satan, Mar. 22, 2009, available at http://weirdnewsfiles.com/weirdnews/woman-accused-of-church-theft-blames-satan.
3. SHEENA IYENGAR, THE ART OF CHOOSING 9 (2010).
4. Iyengar, supra, at 7.
5. Some studies in fact show that willpower can grow over time with use. In effect, willpower acts like a muscle, growing stronger as it is exercised more. For an accessible description, see Sandra Aamodt & Sam Wang, Tighten Your Belt, Strengthen Your Mind, N.Y. TIMES,