Abstract

http://ssrn.com/abstract=229094
 


 



A Note on Trend-Spotting in the Case Law


Keith N. Hylton


William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law


Boston College Law Review, Vol. 40, Pp. 891-896, July 1999

Abstract:     
This note, largely a comment on an article by Robert Hillman,
describes and contrasts two models of legal evolution. The orthodox view holds that legal evolution occurs through the active effort of judges. An alternative view models legal evolution as the outcome of the trial selection process - i.e., the process through which disputes are selected for trial rather than settled. This note critiques the orthodox view and explores implications of the trial selection model. I find the empirical evidence inconsistent with the orthodox view.

Accepted Paper Series


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Date posted: July 31, 2000  

Suggested Citation

Hylton, Keith N., A Note on Trend-Spotting in the Case Law. Boston College Law Review, Vol. 40, Pp. 891-896, July 1999. Available at SSRN: http://ssrn.com/abstract=229094

Contact Information

Keith N. Hylton (Contact Author)
William Fairfield Warren Distinguished Professor, Boston University ( email )
595 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
Professor of Law, Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)
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