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SSRN-Beyond Methods - Law & Society in Action by Patrick Schmidt , Simon Halliday
This essay is the introductory chapter of a book about research methods in the field of law and society (Halliday, S. and Schmidt, P., Conducting Law and Society Research: Reflections on Methods and Practices, New York: Cambridge University Press, 2009). Through interviews with many of the most noteworthy authors of law and society, Conducting Law and Society Research takes readers behind the scenes of empirical scholarship, showing the messy reality of the research process. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. The accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. In this introductory essay, we argue for greater candor in discussing the messiness of empirical research methods, particularly in the field of law and society which has for many years explored the gap between rules and reality. We also examine the role which luck (both good and bad) plays in empirical research. Ultimately, we suggest that narratives of the research process such as the conversations contained in the book are a necessary complement to research methods textbooks. They reveal, in powerful ways, that 'good research' displays not an absence of problems but the care taken in negotiating them.
SSRN-Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Courts of Appeals by Corey Yung
Existing empirical scholarship about judicial activism has almost exclusively focused on the United States Supreme Court and actions by the judiciary that invalidate legislative, executive, and state actions. This article contends that such limitations gi
SSRN-Between Cases and Classes: The Decision to Consolidate Multidistrict Litigation by Margaret Williams, Tracey George
This paper provides the preliminary results of a convenience sample of ninety MDL orders from 2003 to 2009. The study investigates the rationale for transfer of federal civil litigation by the Panel, where cases are assigned, and to whom. The purpose of t
SSRN-Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts by Yannis Bakos, Florencia Marotta-Wurgler, David Trossen
A cornerstone of the law and economics approach to standard form contracts is the 'informed minority' hypothesis: in competitive markets, a minority of term-conscious buyers is enough to discipline sellers from offering unfavorable boilerplate terms. The
SSRN-Do Statutory Rape Laws Work? by Matthew Henry, Scott Cunningham
Every state in the United States has laws which prohibit sexual activity with individuals under a certain age. These laws are typically strict liability. Generally, they are justifed under the auspice of protecting young women from 'predatory' older males
Peer Zumbansen, Law's Knowledge and Law's Effectiveness: Reflections from Legal Sociology and Legal Theory by Peer Zumbansen
Legal sociology is in a crisis - or so it is said. The field is not widely represented at Law Faculties today and, the claim goes, is in dire need of a new spirit. Meanwhile, scholars who are working in the area cover a wide array of research questions, r
SSRN-Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics by Art Hinshaw, Jess Alberts
The code of ethical conduct for lawyers -- the American Bar Association’s Model Rules of Professional Conduct (the “Model Rules”) -- legitimizes a certain amount of dissembling and misdirection in the negotiation realm, only prohibiting legal negotiators
SSRN-The Effect of 'Tort Reform' on Tort Case Filings by Patricia Hatamyar
An empirical study of the number and types of different tort cases filed in Oklahoma state courts from 2003 - 2007. While numerous measures of so called 'tort reform' passed the Oklahoma legislature prior to 2003, advocates of 'tort reform' continue to pr
SSRN-Cowboy Jurists
This paper identifies the origins of modern Canadian legal professionalism in the prairie west during the early twentieth century, arguing for the importance of human agency and emphasizing contingency where others assert trans-historical processes. Lawye
SSRN-Empirical Legal Studies Before 1940: A Bibliographic Essay by Herbert Kritzer
The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period pri
SSRN-Using an Ethnographic Method to Explore Administrative Justice by Laverne Jacobs
This chapter is an excerpt from a study in which an ethnographic methodology was used to explore the concept of "tribunal independence" within access to information and privacy commissions in Canada. This chapter sets out the theory behind the ethnographi
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