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The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'

By Curtis J. Romanowski

Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.

That being said, the laws of evidence ' which must be adhered to ' do not, and cannot in their current form, insulate judges from the effects of the information they are exposed to. In considering how we can possibly deal with this reality, we must first reject the idea that thinking is a conscious, rational, linear, verbal process. It clearly is not.

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