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Professor Mitchell Crusto article "Empathic Dialogue: from Formalism to Value Principles" has been published in the SMU Law Review

Law Professor Mitch Crusto has published in one of the top fifty law school’s leading law review. The Southern Methodist Dedman School of Law Review has just published Crusto’s “Empathic Dialogue: from Formalism to Value Principles.” In his article, Professor Crusto tackles a major challenge to quality judicial decision-making, the unconscious biases of judges. In response, Crusto posits that judges should use an analytical disciple, empathic dialogue, to adopt a paradigm shift from “formalism,” a rights-lethal combination of Wechslerian neutralism and structuralism, to rights-oriented “value principles” or “empathic constitutionality” —a set of value choices that attend to the real world effects of their decisions on people. He argues that especially during these economically challenging times, federal judges should assess their biases to minimize “blind injustice,” the unintended negative effects of their decisions. Crusto believes that using empathic dialogue, a judge consciously makes inquiry beyond her professional, intellectual, and personal worldviews, confronts her unconscious biases, assesses the law’s impact on the lives of everyday people, protects people from unfair outcomes and injustices, and redresses injustices that result from majoritarian abuses. The full text of his article can be found at
SMU Law Review Journal Vol. 65, Issue No. 4, http://ssrn.com/abstract=2201821