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14 Legal Comm. & Rhetoric: JAWLD 1 (2017)

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ARTICLE


        Fear and Loathing


        in Persuasive Writing


        An   Empirical Study of the Effects

        of  the Negativity Bias


        Kenneth D. Chestek*







        I. Introduction

            People  naturally prefer positive people to negative ones. They naturally
            respond  better to those who  are kind than those  who are not. Logically,
            then, the  ideal strategy for a candidate   would  be to make   his or her
            campaign   as positive and as cordial as possible.'


            One   might   wish  that  the  sentiment expressed above by a hopeful

       graduate   student   were  true.  It seems  to make   intuitive  sense.  However,

       those  words   were  penned   a full year before the unexpected outcome of the




* Associate Professor of Law and Assistant Director of the Center for the Study of Written Advocacy, University of Wyoming
College of Law. The author wishes to thank Professors Linda Edwards, Michael Smith, Steve Johansen, and Lance Long for
reviewing early drafts of this work. I also wish to thank psychology professors Narina Nunez (University of Wyoming) and
Monica Miller (University of Nevada Reno) for talking me through the process of designing a scientifically reliable study. I
took most of their advice; any errors in the design of the study are probably the result of the few situations in which I chose a
different strategy. Thanks also to Magistrate Judge Andrew Wistrich of the United States District Court for the Central
District of California for his valuable insight and recommendations about the design of the study. I also wish to thank the
participants at the Fourth Annual West Coast Rhetoric Workshop sponsored by the William S. Boyd School of Law at the
University of Nevada, Las Vegas, for their excellent comments; in particular, Brian Wall, Maureen Johnson, and Lydia
Nussbaum provided very useful feedback during the small group session devoted to critiquing this paper. Finally, I owe a
great deal to Jasmine Fathalla, 2016 candidate for the J.D. degree from the University of Wyoming. Jasmine was my research
assistant for two years on this project, assisting with everything from legal research into the issues presented in the hypo-
thetical case to helping solicit and compile responses to the test. Her assistance with this project was invaluable.
1 Peter A. Gregory, Comparing the Effectiveness of Positive and Negative Political Campaigns, 7(11) INQUIRIES J. (2015),
http://www.inquiriesjournal.com/a?id= 1311. At the time of publication, the author was seeking a master's degree in public
administration at Brigham Young University.

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