Empirical Analysis

Valuing Intellectual Property: An Experiment

Christopher Buccafusco & Christopher Jon Sprigman

In recent decades, research in behavioral psychology and experimental economics has undermined some of the fundamental principles of the “rational choice” model of neoclassical economics—in particular, the assumption that decision-makers have stable preferences.  A large volume of data shows that people’s preferences are subject to a variety of cognitive biases… Read More »

Bundling Public and Private Goods: The Market for Sustainable Organics

Margot J. Pollans

 
I.
The Need for Sustainable Agriculture
Advocates of alternative agriculture argue that conventional modes of agricultural production are problematic because they ignore natural limits. The goal of sustainable agriculture, a form of alternative agriculture, is to farm in accordance with the structure of local ecosystems. This “nature as standard”… Read More »

Sanctions For E-Discovery Violations: By The Numbers

Dan H. Willoughby & Rose Hunter Jones & Gregory R. Antine

E-discovery sanctions are at an all-time high.  We identified 230 sanction awards in 401 cases involving motions for sanctions relating to the discovery of electronically stored information (ESI) in federal courts prior to January 1, 2010.  We analyzed these cases for a variety of factors, including sanctioning court, sanctioning authority,… Read More »

The Repeat Appointment Factor: Exploring Decision Patterns of Elite Investment Arbitrators

Daphna Kapeliuk - Radzyner School of Law

 
Introduction
Scholarship on arbitral behavior and decision making has theorized that, as utility maximizers who wish to increase their chances of reappointment in future disputes, arbitrators will tend to satisfy both parties by rendering compromise awards.  Although empirical studies on arbitral behavior have focused on the arbitrators’ tendency to… Read More »

Essay on Funding Irrationality

Adam S. Zimmerman - New York University School of Law

My article Funding Irrationality addresses a relatively unexamined issue in the literature of class action settlements and public settlement funds: should the people who oversee a large settlement fund account for claimants’ irrational settlement decisions?
Much of the literature related to large settlements seeks to improve how judges and private… Read More »

Did Liberal Justices Invent the Standing Doctrine? An Empirical Study of the Evolution of Standing, 1921-2006

Daniel E. Ho & Erica Ross

I. The Insulation Thesis
The standing doctrine is the Rorschach test of federal courts. In theory, the doctrine serves a distinct function, namely ensuring that a litigant is the proper party to bring a claim in court. Yet standing remains one of the most contested areas of federal law, with… Read More »

Constructing Commons in the Cultural Environment

Michael J. Madison & Katherine J. Strandburg & Brett Frischmann

The Maine lobster fishery is a successful example of a managed natural resource commons.  To ensure an ongoing supply of lobsters in the face of threats to the fishery from unregulated over-fishing, over a period of years Maine lobster fishermen crafted a set of formal and informal rules to determine… Read More »

Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging

Brian Z. Tamanaha - Washington University School of Law

Political scientists and law professors have lately taken to asserting that quantitative studies of judging reveal worrisome findings about the rule of law in the U.S. judicial system. The authors of Are Judges Political? declare: “variations in panel composition lead to dramatically different outcomes, in a way that creates serious… Read More »

Justice and Judgment Among the Whomever: An Anthropological Approach to Judging

John Conley - University of North Carolina Law School

Prior to the conference, the organizers asked me for my thoughts on how an anthropologist might approach the problem of studying judging.  Those thoughts follow.  I have subsequently reflected on the discussion at the conference itself, and I conclude this essay with those reflections.
When I think of “judging” as… Read More »

Quantitative Legal History—Empirics and the Rule of Law in the Antebellum Judiciary

Alfred L. Brophy - University of North Carolina Law School

I.
Introduction: The Conflict over the Rule of Law
This symposium asks how we can quantify and evaluate what judges do.  Some of the papers are skeptical of attempts at quantification. These questions are of importance to legal historians, who frequently seek to link judicial behavior to larger cultural, economic, and… Read More »

moncler coats ugg kensington ugg italia ugg kengät the north face portugal canada goose online ugg boots canada cheap ugg boots uk replica uggs new uggs 2013 imitation ugg cheapest ugg boots goyard handbags barneys goyard wallet men goyard handbags barneys goyard prices where can i buy insanity workout insanity workout for cheap discount insanity workout goyard tote singapore borsa celine air max portugal nike air max 90 nike shox rivalry pas cher air max bw femme air max enfant pas cher fendi sunglasses 2014 buy fendi online nike free run 2 pas cher παπουτσια nike air max baratas nike air max 90 tilbud fendi store nike blazer pas cher nike id france fendi outlet online nike free tilbud coach christmas sale gucci christmas sale louis vuitton xmas lv christmas sale michael kors christmas sets christmas nike shoes prada christmas christmas ugg boots uggs christmas ornament uggs for christmas discounted uggs botas ugg no brasil botas ugg baratas online celine borse air max schweiz nike shox femme nike schoenen nike air max bw pas cher fendi 2014 fendi shop fendi outlet online nike greece zapatillas nike baratas zapatillas nike air max fendi online store nike blazer femme nike store portugal fendi handbags outlet nike danmark buy michael kors michael kors factory outlet michael kors watches nordstrom canada goose jacket outlet canadian goose outlet buy michael kors michael kors factory outlet michael kors watches nordstrom buy michael kors michael kors factory outlet michael kors watches nordstrom canada goose jacket outlet canadian goose outlet canadian goose outlet moncler outlet moncler outlet lv belts men louis vuitton belts for men nike shox nz louis vuitton singapore website cheap nike free runs nike free on sale discount nike shox cheap nike shox