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The Private Securities Litigation Reform Act and Particularity: Why Are Some Courts in an Alternate Universe?

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    Home > LUCLJ > Vol. 45 > Iss. 3 (2014)   The Private Securities Litigation Reform Act and Particularity: Why Are Some Courts in an Alternate Universe? Authors Charles W. Murdock, Loyola University Chicago, School of LawFollow Abstract The focus of this Article is to suggest that the judicial decision-making process is often not as rational and objective as we would like to believe. Bias often affects the decision making of judges, sometimes to the extent that it appears that the writer of the opinion is living in an alternate universe. As we progress professionally, and become more steeped in our biases, we sometimes move toward creating a world that exists in our heads and has little relation to the “real” world. While this assertion will be developed in the context of courts’ interpreting “particularly” in the Private Securities L...

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Charles W. Murdock

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