Abstract

http://ssrn.com/abstract=1537448
 
 

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Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts


Carrie Menkel-Meadow


University of California Irvine, School of Law; Georgetown University Law Center

Bryant Garth


University of California-Irvine; Southwestern Law School; American Bar Foundation


Oxford Handbook of Empirical Legal Research, P. Cane & H. Kritzer, eds., Oxford University Press, 2010
Georgetown Public Law Research Paper No. 10-04
UC Irvine School of Law Research Paper No. 2010-5

Abstract:     
This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too little litigation, access to courts, discovery practices, evaluations of the effects of particular rules, such as Rule 11 verification requirements, class actions, and practices such as court use of ADR, case management, and pre-trial conferences. The authors argue that empirical research on procedures and policies in courts have mostly been conducted in service of particular reform agendas, with a few exceptions of more "pure academic" study. The essay concludes with some suggestions for research questions that explore questions of who does the research for what purposes. Do researchers use research to develop their own "human capital" or legal reform influence? How do we know what optimal rates of court usage are? Can empirical studies shed light on more normative questions about what are optimal levels of process, access to courts, and when justice is delivered in formal court institutions?

Number of Pages in PDF File: 42

Keywords: procedure, courts, litigation, empirical study, law and society

JEL Classification: D74, K41

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Date posted: January 18, 2010 ; Last revised: April 30, 2013

Suggested Citation

Menkel-Meadow, Carrie and Garth, Bryant, Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts. Oxford Handbook of Empirical Legal Research, P. Cane & H. Kritzer, eds., Oxford University Press, 2010; Georgetown Public Law Research Paper No. 10-04; UC Irvine School of Law Research Paper No. 2010-5. Available at SSRN: http://ssrn.com/abstract=1537448

Contact Information

Carrie J. Menkel-Meadow (Contact Author)
University of California Irvine, School of Law ( email )
401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)
Bryant Garth
University of California-Irvine ( email )
535A Administration
Irvine, CA 92697-1000
United States
949-824-7230 (Phone)
949-824-0495 (Fax)
Southwestern Law School ( email )
3050 Wilshire Blvd.
Los Angeles, CA 90010
United States
2137386710 (Phone)
American Bar Foundation ( email )
750 N. Lake Shore Drive
Chicago, IL 60611
United States
312-988-6575 (Phone)
312-988-6579 (Fax)
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