Empirical Study of the Civil Justice System

61 Pages Posted: 25 Oct 2004 Last revised: 30 Jan 2022

See all articles by Daniel P. Kessler

Daniel P. Kessler

Stanford Graduate School of Business; National Bureau of Economic Research (NBER)

Daniel L. Rubinfeld

University of California at Berkeley - School of Law; National Bureau of Economic Research (NBER); NYU Law School

Date Written: October 2004

Abstract

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of aggregate empirical trends and the important issues involving contracts and torts, both positive and normative. We survey some of the more interesting empirical issues, and we conclude with some suggestions for future work. Because studies involving property law are so divergent, there is no simple description of aggregates that adequately characterizes the subject. In its place, we offer an overview of a number of the most important issues of interest. We describe (selectively) the current state of empirical knowledge, and offer some suggestions for future research. The section on legal process builds on the previous substantive sections. With respect each of the steps, from violation to trial to appeal, we review some of the more important empirical contributions.

Suggested Citation

Kessler, Daniel Philip and Rubinfeld, Daniel L., Empirical Study of the Civil Justice System (October 2004). NBER Working Paper No. w10825, Available at SSRN: https://ssrn.com/abstract=603645

Daniel Philip Kessler (Contact Author)

Stanford Graduate School of Business ( email )

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Daniel L. Rubinfeld

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