The Impact of Quantitative Argumentation in Legal Discourse

Abstract:     
Mathematical models and law & economics have proliferated in the legal academy. This article studies the impact of legal articles that use an economic methodology. Courts are not averse to citing quantitative articles. The narrowly argued structure of economic argumentation of refereed journals, however, prevents those articles from being cited extensively because courts prefer to cite articles with broad, encyclopedic argumentation. The insistence of faculty-refereed journals on narrowly argued, high-level-of-proof argumentation undermines the impact of economic analysis of law.

Number of Pages in PDF File: 22

Keywords: publication, referee, refereeing, citation analysis

JEL Classification: K00, K49

working papers series