Tag: empirical analysis

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 »

Evaluating Judges and Judicial Institutions: Reorienting the Perspective

Mitu Gulati & David F. Levi & David E. Klein

In September 2009, we hosted an unusual workshop at Duke Law School. The workshop focused on the empirical evaluation of judges, judging, and judicial institutions. Most work in this area has been driven by the agendas and constraints of empirical researchers, and empiricists from multiple disciplines—including history, sociology, anthropology, political… Read More »