Theodore Eisenberg

Cornell University, Law School (Deceased)

Henry Allen Mark Professor of Law

Myron Taylor Hall

Cornell University

Ithaca, NY 14853-4901

United States

  • Cornell University, Law School (Deceased)

SCHOLARLY PAPERS

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268

Scholarly Papers (93)

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1.

Attorneys Fees in Class Action Settlements: An Empirical Study

Cornell Legal Studies Research Paper No. 04-01; and NYU, Ctr for Law and Business Research Paper No. 03-23
Number of pages: 71 Posted: 08 Oct 2003
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 1,585 (11,864)
Citation 4

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2.

Juries, Judges, and Punitive Damages: An Empirical Study

Number of pages: 39 Posted: 12 Dec 2000
Theodore Eisenberg, Neil LaFountain, Brian Ostrom, David Rottman and Martin T. Wells
Cornell University, Law School (Deceased), National Center for State Courts, National Center for State Courts, National Center for State Courts and Cornell University - Law School
Downloads 1,289 (16,427)
Citation 18

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punitive damages, juries, judges

3.

Employment Arbitration and Litigation: An Empirical Comparison

Number of pages: 28 Posted: 26 May 2003
Theodore Eisenberg and Elizabeth T. Hill
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 1,222 (17,782)
Citation 5

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arbitration, trials, litigation, juries

4.

The Delaware Death Penalty: An Empirical Study

Iowa Law Review, Forthcoming, Cornell Legal Studies Research Paper No. 12-24
Number of pages: 49 Posted: 11 Mar 2012 Last Revised: 15 May 2012
Sheri Lynn Johnson, John H. Blume, Theodore Eisenberg, Valerie P. Hans and Martin T. Wells
Cornell Law School, Cornell Law School, Cornell University, Law School (Deceased), Cornell University - School of Law and Cornell University - Law School
Downloads 1,188 (18,585)

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death penalty, capital punishment, race, juries, judges

5.

Was Arthur Andersen Different? An Empirical Examination of Major Accounting Firms' Audits of Large Clients

Cornell Legal Studies Research Paper No. 04-03, Yale Law & Economics Research Paper No. 287
Number of pages: 35 Posted: 26 Nov 2003
Theodore Eisenberg and Jonathan R. Macey
Cornell University, Law School (Deceased) and Yale Law School
Downloads 1,175 (18,886)
Citation 16

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6.

The Empirical Effects of Tort Reform

Research Handbook on the Economics of Torts, Forthcoming, Cornell Legal Studies Research Paper No. 12-26
Number of pages: 44 Posted: 02 Apr 2012
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 911 (27,449)

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Tort, Tort Reform, Punitive Damages, Product Liability, Medical Malpractive

7.

The Role of Opt-Outs and Objectors in Class Action Litigation: Theoretical and Empirical Issues

NYU, Law and Economics Research Paper No. 04-004; Cornell Law School Research Paper No. 04-019
Number of pages: 47 Posted: 12 Apr 2004
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 825 (31,593)
Citation 14

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8.

Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts

Cornell Law School Legal Studies Research Paper No. 08-017, NYU Law and Economics Research Paper No. 08-28
Number of pages: 34 Posted: 20 Dec 2007 Last Revised: 02 Jun 2008
Theodore Eisenberg, Geoffrey P. Miller and Emily L. Sherwin
Cornell University, Law School (Deceased), New York University School of Law and Cornell University - Law School
Downloads 675 (41,458)
Citation 13

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Arbitration, Contracts, Consumer

9.

The Flight from Arbitration: An Empirical Study of Ex Ante Arbitration Clauses in Publicly-Held Companies' Contracts

Cornell Legal Studies Research Paper Series No. 06-023, NYU, Law and Economics Research Paper Series No. 06-35
Number of pages: 52 Posted: 30 Aug 2006
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 615 (46,923)
Citation 13

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arbitration, empirical studies, contracts

10.

Damages versus Specific Performance: Lessons from Commercial Contracts

Downloads 522 ( 57,900)
Citation 1

Damages versus Specific Performance: Lessons from Commercial Contracts

NYU Law and Economics Research Paper No. 13-09
Number of pages: 61 Posted: 31 Mar 2013
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 521 (57,379)
Citation 2

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Damages Versus Specific Performance: Lessons from Commercial Contracts

Journal of Empirical Legal Studies, Vol. 12, Issue 1, pp. 29-69, 2015
Number of pages: 41 Posted: 19 Feb 2015
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 1 (741,635)
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11.

The Death Penalty: Should the Judge or the Jury Decide Who Dies?

Downloads 516 ( 58,736)
Citation 1

The Death Penalty: Should the Judge or the Jury Decide Who Dies?

Cornell Legal Studies Research Paper No. 15-02
Number of pages: 31 Posted: 24 Oct 2014 Last Revised: 12 Feb 2015
Valerie P. Hans, John H. Blume, Theodore Eisenberg, Amelia Hritz, Sheri Lynn Johnson, Caisa Royer and Martin T. Wells
Cornell University - School of Law, Cornell Law School, Cornell University, Law School (Deceased), Cornell University - Law School, Cornell Law School, Cornell University, College of Human Ecology, Law, Psychology and Human Development Program, Students and Cornell University - Law School
Downloads 515 (58,225)
Citation 1

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The Death Penalty: Should the Judge or the Jury Decide Who Dies?

Journal of Empirical Legal Studies, Vol. 12, Issue 1, pp. 70-99, 2015
Number of pages: 30 Posted: 19 Feb 2015
Valerie P. Hans, John H. Blume, Theodore Eisenberg, Amelia Hritz, Sheri Lynn Johnson, Caisa Royer and Martin T. Wells
Cornell University - School of Law, Cornell Law School, Cornell University, Law School (Deceased), Cornell University - Law School, Cornell Law School, Cornell University, College of Human Ecology, Law, Psychology and Human Development Program, Students and Cornell University - Law School
Downloads 1 (741,635)
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12.

Incentive Awards to Class Action Plaintiffs: An Empirical Study

NYU, Law and Economics Research Paper No. 06-03, Cornell Legal Studies Research Paper No. 05-037
Number of pages: 42 Posted: 13 Dec 2005
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 515 (58,888)
Citation 1

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class actions, litigation, securities, tort

13.

The Decision to Award Punitive Damages: An Empirical Study

Cornell Legal Studies Research Paper No. 09-011, CELS 2009 4th Annual Conference on Empirical Legal Studies Paper
Number of pages: 26 Posted: 02 Jun 2009 Last Revised: 14 Jul 2009
Theodore Eisenberg, Michael Heise, Nicole L. Waters and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School, National Center for State Courts and Cornell University - Law School
Downloads 493 (62,183)
Citation 1

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punitive damages, litigation, juries, tort

14.

Litigation Realities

Cornell Law Review, Vol. 88, p. 119, 2002-2003
Number of pages: 36 Posted: 07 Feb 2002
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)
Downloads 479 (64,447)
Citation 15

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litigation, courts, empirical studies, trials, juries

15.

Ranking Law Journals and the Limits of Journal Citation Reports

Cornell Legal Studies Research Paper No. 12-30
Number of pages: 36 Posted: 16 Jun 2012
Theodore Eisenberg and Martin T. Wells
Cornell University, Law School (Deceased) and Cornell University - Law School
Downloads 470 (65,964)

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law reviews, law journals, ranking, ranking methodology, factor analysis, journal citation reports, jcr

16.

Ex Ante Choices of Law and Forum: An Empirical Analysis of Corporate Merger Agreements

NYU, Law and Economics Research Paper No. 06-31
Number of pages: 31 Posted: 27 Jul 2006
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 460 (67,712)
Citation 8

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Choice-of-law, Delaware, Choice-of-forum, corporate governance

17.

The Fate of Firms: Explaining Mergers and Bankruptcies

Number of pages: 37 Posted: 07 Dec 2004
Clas CH Bergström, Theodore Eisenberg, Stefan Sundgren and Martin T. Wells
Swedish House of Finance, Cornell University, Law School (Deceased), Swedish School of Economics and Business Administration and Cornell University - Law School
Downloads 458 (68,073)

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merger, bankruptcy, accounting

18.

Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven & Zeisel's the American Jury

Number of pages: 36 Posted: 22 Sep 2004
Theodore Eisenberg, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman, Stewart J. Schwab and Martin T. Wells
Cornell University, Law School (Deceased), National Center for State Courts, Cornell University - School of Law, National Center for State Courts, National Center for State Courts (NCSC), Cornell Law School and Cornell University - Law School
Downloads 450 (69,553)
Citation 2

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19.

The Market for Contracts

New York University, Law and Economics Research Paper No. 06-45
Number of pages: 50 Posted: 19 Oct 2006
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 446 (70,338)
Citation 2

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20.

Attorneys’ Fees and Expenses in Class Action Settlements: 1993-2008

NYU Law and Economics Research Paper No. 09-50, Cornell Legal Studies Research Paper No. 1497224
Number of pages: 35 Posted: 31 Oct 2009 Last Revised: 07 Jan 2010
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 439 (71,641)
Citation 3

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Attorney Fees, Class Actions, Litigation

21.

The Origins, Nature, and Promise of Empirical Legal Studies and a Response to Concerns

Cornell Legal Studies Research Paper
Number of pages: 21 Posted: 19 Dec 2010
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 438 (71,841)
Citation 2

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Empirical Legal Studies, Law and Society, Law and Economics

22.

Litigation as a Measure of Well-Being

Cornell Legal Studies Research Paper No. 12-28
Number of pages: 30 Posted: 09 Apr 2012 Last Revised: 10 Jun 2016
Theodore Eisenberg, Nick Robinson and Sital Kalantry
Cornell University, Law School (Deceased), International Center for Not-for-Profit Law and Cornell University - Law School
Downloads 393 (81,662)
Citation 16

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empirical studies, India, litigation

23.

Punitive Damages in Securities Arbitration: An Empirical Study

Cornell Legal Studies Research Paper No. 1322482, NYU Law and Economics Research Paper No. 09-01
Number of pages: 64 Posted: 04 Jan 2009 Last Revised: 02 Jun 2009
Stephen J. Choi and Theodore Eisenberg
New York University School of Law and Cornell University, Law School (Deceased)
Downloads 392 (81,895)
Citation 3

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Securities, Arbitration, Punitive Damages

24.

Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker

Cornell Legal Studies Research Paper No. 09-011
Number of pages: 24 Posted: 26 Apr 2009 Last Revised: 26 Apr 2014
Theodore Eisenberg, Michael Heise and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School
Downloads 388 (82,864)
Citation 3

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Punitive Damages, Tort, Empirical Studies

25.

The English vs. The American Rule on Attorneys Fees: An Empirical Study of Attorney Fee Clauses in Publicly-Held Companies’ Contracts

NYU Law and Economics Research Paper No. 10-52
Number of pages: 47 Posted: 11 Nov 2010 Last Revised: 15 Nov 2010
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 381 (84,667)
Citation 3

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attorney fees, english rule, american rule, contracts, litigation

26.

Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal

Downloads 366 ( 88,722)

Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal

Cornell Legal Studies Research Paper No. 07-006
Number of pages: 31 Posted: 19 Feb 2008 Last Revised: 28 Apr 2008
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 366 (88,031)
Citation 2

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Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal

Journal of Legal Studies, Vol. 38, 2008, Cornell Legal Studies Research Paper No. 07-006
Posted: 11 Jan 2008
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School

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27.

Victim Gender and the Death Penalty

University of Missouri-Kansas City Law Review, Vol. 82, No. 2, 2014, Cornell Legal Studies Research Paper No. 14-05
Number of pages: 40 Posted: 25 Mar 2014 Last Revised: 10 Nov 2015
Caisa Royer, Amelia Hritz, Valerie P. Hans, Theodore Eisenberg, Martin T. Wells, John H. Blume and Sheri Lynn Johnson
Cornell University, College of Human Ecology, Law, Psychology and Human Development Program, Students, Cornell University - Law School, Cornell University - School of Law, Cornell University, Law School (Deceased), Cornell University - Law School, Cornell Law School and Cornell Law School
Downloads 365 (88,981)

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28.

Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and On Trial Outcomes

Cornell Legal Studies Research Paper No. 07-012
Number of pages: 33 Posted: 05 Jul 2007
Theodore Eisenberg and Valerie P. Hans
Cornell University, Law School (Deceased) and Cornell University - School of Law
Downloads 363 (89,538)
Citation 11

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Juries, Evidence, Criminal Record

29.

Summary Judgment Rates Over Time, Across Case Categories, and Across Districts: An Empirical Study of Three Large Federal Districts

Cornell Law School Research Paper No. 08-022
Number of pages: 21 Posted: 28 May 2008 Last Revised: 05 Aug 2008
Theodore Eisenberg and Charlotte Lanvers
Cornell University, Law School (Deceased) and Disability Rights Education & Defense Fund, Inc.
Downloads 351 (93,053)
Citation 2

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summary judgment, civil procedure, employment discrimination, civil rights

30.

Appeal from Jury or Judge Trial: Defendants' Advantage

Downloads 346 ( 94,555)
Citation 1

Appeal from Jury or Judge Trial: Defendants' Advantage

Number of pages: 28 Posted: 09 Feb 2000
Theodore Eisenberg and Kevin M. Clermont
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 346 (93,887)
Citation 1

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Appeal from Jury or Judge Trial: Defendants' Advantage

American Law and Economics Review, Vol. 3, No. 1, pp. 125-164, 2001
Posted: 29 Feb 2008
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)

Abstract:

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31.

Four Decades of Federal Civil Rights Litigation

Cornell Legal Studies Research Paper No. 14-01
Number of pages: 24 Posted: 15 Nov 2013 Last Revised: 23 Dec 2013
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 345 (94,879)
Citation 1

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Civil Rights, Litigation, Employment Discrimination, Trials, Juries, Judges, Damages

32.

The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies' Contracts

NYU Law and Economics Research Paper No. 08-13
Number of pages: 43 Posted: 01 Apr 2008
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 344 (95,187)
Citation 6

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33.

What is the Settlement Rate and Why Should We Care?

Cornell Legal Studies Research Paper No. 08-30
Number of pages: 30 Posted: 03 Oct 2008 Last Revised: 08 Dec 2008
Theodore Eisenberg and Charlotte Lanvers
Cornell University, Law School (Deceased) and Disability Rights Education & Defense Fund, Inc.
Downloads 330 (99,663)
Citation 15

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Settlement, Litigation, Courts, Civil Rights, Tort

34.

Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data

Journal of Empirical Legal Studies, Vol. 3, No. 2, pp. 263-95, 2006, Cornell Legal Studies Research Paper No. 05-015
Number of pages: 33 Posted: 27 Jun 2006
Michael Heise, Theodore Eisenberg, Martin T. Wells, Paula Hannaford-Agor, Neil LaFountain, G. Thomas Munsterman and Brian Ostrom
Cornell Law School, Cornell University, Law School (Deceased), Cornell University - Law School, National Center for State Courts, National Center for State Courts, National Center for State Courts (NCSC) and National Center for State Courts
Downloads 330 (99,663)
Citation 8

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35.

Assessing the Ssrn-Based Law School Rankings

Cornell Legal Studies Research Paper No. 05-026
Number of pages: 8 Posted: 30 Aug 2005
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 281 (118,691)
Citation 3

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rankings correlation

36.

State Attorney General Actions, the Tobacco Litigation, and the Doctrine of Parens Patriae

Downloads 272 (122,723)

State Attorney General Actions, the Tobacco Litigation, and the Doctrine of Parens Patriae

Number of pages: 38 Posted: 14 Oct 2000
Theodore Eisenberg and Richard P. Ieyoub
Cornell University, Law School (Deceased) and Office of the Attorney General, Louisiana
Downloads 272 (122,101)

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State Attorney General Actions, the Tobacco Litigation, and the Doctrine of Parens Patriae

Posted: 08 Dec 2000
Theodore Eisenberg and Richard P. Ieyoub
Cornell University, Law School (Deceased) and Office of the Attorney General, Louisiana

Abstract:

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37.

Shopping for Judges: An Empirical Analysis of Venue Choice in the Bankruptcy Reorganization of Large, Publicly Held Companies

Number of pages: 37 Posted: 08 May 2000
Theodore Eisenberg and Lynn M. LoPucki
Cornell University, Law School (Deceased) and University of California, Los Angeles (UCLA) - School of Law
Downloads 268 (124,663)
Citation 7

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38.

Attorneys' Fees in Class Actions: 2009-2013

NYU Law and Economics Research Paper No. 17-02, Cornell Legal Studies Research Paper No. 17-05
Number of pages: 32 Posted: 23 Jan 2017 Last Revised: 04 Feb 2017
Theodore Eisenberg, Geoffrey P. Miller and Roy Germano
Cornell University, Law School (Deceased), New York University School of Law and New York University School of Law
Downloads 265 (126,164)
Citation 4

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39.

Plaintiphobia in the Appellate Courts: Civil Rights Really Do Differ from Negotiable Instruments?

University of Illinois Law Review, Vol. 2002, p. 947, 2002
Number of pages: 32 Posted: 06 Mar 2002
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)
Downloads 252 (132,901)
Citation 5

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40.

Do Juries Add Value?: Evidence from an Empirical Study of Jury Trial Waiver Clauses in Large Corporate Contracts

Cornell Law School Legal Studies Research Paper, New York University, Law & Economics Research Paper
Number of pages: 59 Posted: 22 Nov 2006
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 239 (140,085)
Citation 3

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Juries, Contracts, Trials, Corporations, Bivariate Probit

41.

The Death Penalty in Delaware: An Empirical Study

Cornell Legal Studies Research Paper No. 08-025, 3rd Annual Conference on Empirical Legal Studies Papers
Number of pages: 22 Posted: 07 Aug 2008
John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson and Valerie P. Hans
Cornell Law School, Cornell University, Law School (Deceased), Cornell Law School and Cornell University - School of Law
Downloads 237 (141,258)

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42.

Reconciling Experimental Incoherence with Real-World Coherence in Punitive Damages

Number of pages: 31 Posted: 01 Feb 2002
Theodore Eisenberg, Jeffrey J. Rachlinski and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School
Downloads 229 (146,038)
Citation 4

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43.

Reversal, Dissent, and Variability in State Supreme Courts: The Centrality of Jurisdictional Source

NYU School of Law, Public Law & Legal Theory Research Paper No. 08-01, NYU School of Law, Law and Economics Research Paper No. 08-01, Cornell Law School Legal Studies Research Paper Series
Number of pages: 42 Posted: 06 Jan 2008 Last Revised: 17 Mar 2008
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 227 (147,304)
Citation 8

Abstract:

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courts, jurisdiction, selection effects

44.

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Downloads 218 (153,095)
Citation 4

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Journal of Empirical Legal Studies, Forthcoming, University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 749, Cornell Legal Studies Research Paper No. 16-11
Number of pages: 48 Posted: 05 Mar 2016 Last Revised: 03 May 2016
Yun-chien Chang, Theodore Eisenberg, Tsung Hsien Li and Martin T. Wells
Academia Sinica - Institutum Iurisprudentiae (IIAS), Cornell University, Law School (Deceased), National Chung Cheng University - Department of Criminology and Cornell University - Law School
Downloads 218 (152,741)
Citation 5

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Pain and suffering damages, medical expenses, anchoring effect, lost earning capacity, fault, age, pecuniary damages, non-medical expenses, judges, juries, Taiwan

Pain and Suffering Damages in Personal Injury Cases: An Empirical Study

Journal of Empirical Legal Studies, Vol. 14, Issue 1, pp. 199-237, 2017
Number of pages: 39 Posted: 28 May 2020
Yun-chien Chang, Theodore Eisenberg, Tsung Hsien Li and Martin T. Wells
Academia Sinica - Institutum Iurisprudentiae (IIAS), Cornell University, Law School (Deceased), National Chung Cheng University - Department of Criminology and Cornell University - Law School
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45.

The Relation Between Punitive and Compensatory Awards: Combining Extreme Data With the Mass of Awards

Cornell Legal Studies Research Paper No. 06-026
Number of pages: 21 Posted: 13 Sep 2006
Theodore Eisenberg, Valerie P. Hans and Martin T. Wells
Cornell University, Law School (Deceased), Cornell University - School of Law and Cornell University - Law School
Downloads 215 (155,056)

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punitive damages, juries, trials, litigation

46.

The Predictability of Juries

Cornell Legal Studies Research Paper
Number of pages: 28 Posted: 02 Oct 2010
Valerie P. Hans and Theodore Eisenberg
Cornell University - School of Law and Cornell University, Law School (Deceased)
Downloads 214 (155,765)
Citation 2

Abstract:

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Juries, Predictability, Punitive Damages

47.

The Reliability of the Administrative Office of the U.S. Courts Database: An Empirical Analysis

Number of pages: 44 Posted: 22 Feb 2005
Theodore Eisenberg and Margo Schlanger
Cornell University, Law School (Deceased) and University of Michigan Law School
Downloads 212 (157,152)
Citation 1

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litigation, administrative office, torts, inmate litigation, damages

48.

Plaintiphobia in the Supreme Court

University of Pennsylvania Law Review, Vol. 162, No. 7, 2014
Number of pages: 17 Posted: 31 Oct 2013 Last Revised: 14 Jan 2014
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)
Downloads 205 (162,110)
Citation 2

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civil procedure, pleading, summary judgment, empirical

49.

Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?

Downloads 193 (171,457)
Citation 6

Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?

Number of pages: 33 Posted: 07 Jan 2011
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 190 (173,754)

Abstract:

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punitive damages, judges, juries, Supreme Court

Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?

Journal of Empirical Legal Studies, Vol. 8, Issue 2, pp. 325-357, 2011
Number of pages: 33 Posted: 20 May 2011
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 3 (715,894)
Citation 1
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50.

Death Sentence Rates and County Demographics: An Empirical Study

Number of pages: 25 Posted: 20 Nov 2004
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 191 (173,005)
Citation 1

Abstract:

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Death penalty, capital punishment, race, sentencing

51.

U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business

Cornell Legal Studies Research Paper No. 09-029
Number of pages: 38 Posted: 10 Sep 2009
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 187 (176,438)

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tort reform, courts, punitive damages, class actions, juries

52.

CAFA Judicata: A Tale of Waste and Politics

University of Pennsylvania Law Review, Vol. 156, No. 6, 2008, Cornell Legal Studies Research Paper No. 07-018
Number of pages: 36 Posted: 20 Sep 2007 Last Revised: 27 Mar 2008
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)
Downloads 185 (178,120)

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53.

Statins and Adverse Cardiovascular Events in Moderate Risk Females: A Statistical and Legal Analysis with Implications for FDA Preemption Claims

Cornell Legal Studies Research Paper No. 09-003
Number of pages: 36 Posted: 25 May 2008
Theodore Eisenberg and Martin T. Wells
Cornell University, Law School (Deceased) and Cornell University - Law School
Downloads 183 (179,900)

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preemption, statins, FDA

54.

Xenophilia or Xenophobia in American Courts? Before and after 9/11

Cornell Legal Studies Research Paper No. 06-018
Number of pages: 23 Posted: 11 Aug 2006
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)
Downloads 183 (179,900)
Citation 7

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55.

Forecasting Life and Death

Number of pages: 58 Posted: 05 Oct 2000
Theodore Eisenberg, Stephen P. Garvey and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School
Downloads 180 (182,538)

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56.

Why Do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates?

Princeton University Industrial Relations Section Working Paper No. 567
Number of pages: 35 Posted: 11 Jul 2011 Last Revised: 15 May 2012
Henry S. Farber and Theodore Eisenberg
Princeton University and Cornell University, Law School (Deceased)
Downloads 174 (188,033)
Citation 1

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57.

Assuring Adequate Deterrence in Tort: A Public Good Experiment

MPI Collective Goods Preprint, No. 2012/7, Cornell Legal Studies Research Paper No. 12-27
Number of pages: 51 Posted: 18 Apr 2012
Theodore Eisenberg and Christoph Engel
Cornell University, Law School (Deceased) and Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods
Downloads 173 (188,989)

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deterrence, public good experiment, class actions, tort, damages, punitive damages

58.

Case Selection and Dissent in Courts of Last Resort: An Empirical Study of the Israel Supreme Court

Cornell Legal Studies Research Paper No. 11-23
Number of pages: 30 Posted: 05 Jun 2011 Last Revised: 30 Oct 2013
Theodore Eisenberg, Talia Fisher and Issachar Rosen-Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
Downloads 171 (190,877)
Citation 5

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courts, jurisdiction, discretionary jurisdiction, case screening, case selection, ethnicity, gender

59.

Trial Outcomes and Demographics: Is There a Bronx Effect?

Number of pages: 39 Posted: 06 May 2002
Theodore Eisenberg and Martin T. Wells
Cornell University, Law School (Deceased) and Cornell University - Law School
Downloads 158 (204,157)
Citation 4

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juries, census, trials, damages

60.

A New Look at Judicial Impact: Attorneys' Fees in Securities Class Actions After Goldberger v. Integrated Resources, Inc.

Washington University Journal of Law and Policy, Vol. 29, NYU Law and Economics Research Paper No. 08-39, St. John's Legal Studies Research
Number of pages: 37 Posted: 24 Aug 2008 Last Revised: 09 Oct 2008
Theodore Eisenberg, Geoffrey P. Miller and Michael Perino
Cornell University, Law School (Deceased), New York University School of Law and St. John's University - School of Law
Downloads 139 (226,738)

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61.

Does the Judge Matter? Exploiting Random Assignment on a Court of Last Resort to Assess Judge and Case Selection Effects

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Citation 5

Does the Judge Matter? Exploiting Random Assignment on a Court of Last Resort to Assess Judge and Case Selection Effects

Journal of Empirical Legal Studies, 2012, Cornell Legal Studies Research Paper No. 11-33
Number of pages: 46 Posted: 30 Nov 2011
Theodore Eisenberg, Talia Fisher and Issachar Rosen-Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
Downloads 134 (234,272)

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Courts, Judges, Jurisdiction, Bias, Random assignment, Gender, Criminal law, Empirical

Does the Judge Matter? Exploiting Random Assignment on a Court of Last Resort to Assess Judge and Case Selection Effects

Journal of Empirical Legal Studies, Vol. 9, Issue 2, pp. 246-290, 2012
Number of pages: 45 Posted: 09 May 2012
Theodore Eisenberg, Talia Fisher and Issi Rosen‐Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and affiliation not provided to SSRN
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62.

The Deadly Paradox of Capital Jurors

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The Deadly Paradox of Capital Jurors

Number of pages: 38 Posted: 05 Oct 2000
Theodore Eisenberg, Stephen P. Garvey and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School
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The Deadly Paradox of Capital Jurors

Posted: 03 Oct 2000
Theodore Eisenberg, Stephen P. Garvey and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School

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63.

Overlooked in the Tort Reform Debate: The Growth of Erroneous Removal

Journal of Empirical Legal Studies, 2005
Number of pages: 31 Posted: 09 Aug 2005
Theodore Eisenberg and Trevor W. Morrison
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 123 (249,278)
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Removal, remand, tort reform, litigation, procedure

64.

The Effect of Rules Shifting Supreme Court Jurisdiction from Mandatory to Discretionary — An Empirical Lesson from Taiwan

Cornell Legal Studies Research Paper No. 1509452
Number of pages: 38 Posted: 21 Nov 2009
Theodore Eisenberg and Kuo‐Chang Huang
Cornell University, Law School (Deceased) and Institutum Iurisprudentiae
Downloads 120 (254,012)
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Courts, Jursidiction, Appeals

65.

Israel’s Supreme Court Appellate Jurisdiction: An Empirical Study

5th Annual Conference on Empirical Legal Studies Paper
Number of pages: 26 Posted: 02 Jul 2010 Last Revised: 30 Oct 2013
Theodore Eisenberg, Talia Fisher and Issachar Rosen-Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
Downloads 118 (257,193)
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Courts, Appeals, Jurisdiction, Israel

66.

Attorney Fees in a Loser Pays System

Cornell Legal Studies Research Paper No. 13-95
Number of pages: 31 Posted: 08 Oct 2013 Last Revised: 05 Mar 2014
Theodore Eisenberg, Talia Fisher and Issachar Rosen-Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
Downloads 115 (261,895)
Citation 1

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attorney fees, tort, contract, English rule, American rule, litigation, loser pays, litigation funding

67.

Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

Downloads 107 (275,499)
Citation 9

Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

Cornell Legal Studies Research Paper No. 14-02
Number of pages: 30 Posted: 17 Oct 2013 Last Revised: 23 Dec 2013
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 106 (278,955)
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Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

Journal of Empirical Legal Studies, Vol. 12, Issue 1, pp. 100-127, 2015
Number of pages: 28 Posted: 19 Feb 2015
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
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68.

Politics and the Judiciary: The Influence of Judicial Background on Case Outcomes

Journal of Legal Studies, Vol. 24, No. 2, 1995, Cornell Legal Studies Research Paper
Number of pages: 26 Posted: 23 Dec 2015
Orley Ashenfelter, Theodore Eisenberg and Stewart J. Schwab
Princeton University - Industrial Relations Section, Cornell University, Law School (Deceased) and Cornell Law School
Downloads 106 (277,312)
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Politics, Judiciary, judicial background

69.

The Need for a National Civil Justice Survey of Incidence and Claiming Behavior

Number of pages: 23 Posted: 23 Nov 2008
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 105 (279,163)
Citation 1

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tort, civil justice, litigation

70.

When Courts Determine Fees in a System with a Loser Pays Norm: Fee Award Denials to Winning Plaintiffs and Defendants

Cornell Legal Studies Research Paper No. 13-08
Number of pages: 28 Posted: 23 Jan 2013 Last Revised: 30 Oct 2013
Theodore Eisenberg, Talia Fisher and Issachar Rosen-Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
Downloads 104 (281,055)
Citation 1

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attorney fees, fee shifting, American rule, English rule, litigation funding, courts

71.

Do Case Outcomes Really Reveal Anything About the Legal System? Win Rates and Removal Jurisdiction

Cornell Law Review, Vol. 83, p. 581, 1998
Number of pages: 27 Posted: 13 Nov 1998
Kevin M. Clermont and Theodore Eisenberg
Cornell Law School and Cornell University, Law School (Deceased)
Downloads 97 (294,315)

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72.

Use it or Pretenders Will Abuse it: The Importance of Archival Legal Information

Cornell Legal Studies Research Paper No. 05-035
Number of pages: 26 Posted: 29 Nov 2005
Theodore Eisenberg
Cornell University, Law School (Deceased)
Downloads 96 (296,302)

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civil justice, trials, juries, class actions, torts

73.

Actual Versus Perceived Performance of Judges

Cornell Legal Studies Research Paper No. 12-23
Number of pages: 25 Posted: 09 Feb 2012
Theodore Eisenberg, Talia Fisher and Issachar Rosen-Zvi
Cornell University, Law School (Deceased), Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
Downloads 92 (304,494)

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Courts, Judges, Case Selection, Perceptions

74.

The Litigious Plaintiff Hypothesis: Case Selection and Resolution

Downloads 39 (465,200)

The Litigious Plaintiff Hypothesis: Case Selection and Resolution

NBER Working Paper No. w5649
Number of pages: 36 Posted: 14 Jun 2000 Last Revised: 25 Mar 2008
Theodore Eisenberg and Henry S. Farber
Cornell University, Law School (Deceased) and Princeton University
Downloads 39 (475,256)
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The Litigious Plaintiff Hypothesis: Case Selection and Resolution

RAND Journal of Economics, Vol. 28, Special Issue (1997).
Posted: 11 Jun 1997
Theodore Eisenberg and Henry S. Farber
Cornell University, Law School (Deceased) and Princeton University

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75.

The Government as Litigant: Further Tests of the Case Selection Model

NBER Working Paper No. w7296
Number of pages: 43 Posted: 24 Aug 1999 Last Revised: 16 Mar 2010
Theodore Eisenberg and Henry S. Farber
Cornell University, Law School (Deceased) and Princeton University
Downloads 27 (523,689)
Citation 2

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76.

How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals

Employee Rights and Employment Policy Journal, Vol. 7, No. 2, 2003, Cornell Legal Studies Research Paper
Number of pages: 22 Posted: 22 Dec 2015
Kevin M. Clermont, Theodore Eisenberg and Stewart J. Schwab
Cornell Law School, Cornell University, Law School (Deceased) and Cornell Law School
Downloads 24 (541,500)
Citation 3

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employment discrimination, federal courts of appeals, trial, appellate, litigation, plaintiffs

77.

What Shapes Perceptions of the Federal Court System?

University of Chicago Law Review, Vol. 56, No. 2, 1989, Cornell Legal Studies Research Paper
Number of pages: 40 Posted: 23 Dec 2015
Theodore Eisenberg and Stewart J. Schwab
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 21 (560,209)
Citation 3

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civil rights, discrimination, torts, constitutional law, litigation

78.

Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven and Zeisel's the American Jury

Journal of Empirical Legal Studies 2.1 (2005): 171
Number of pages: 38 Posted: 23 Dec 2015
Theodore Eisenberg, Paula Hannaford Agor, Valerie P. Hans, Nicole L. Waters, G. Thomas Munsterman, Stewart J. Schwab and Martin T. Wells
Cornell University, Law School (Deceased), National Center for State Courts, Cornell University - School of Law, National Center for State Courts, National Center for State Courts (NCSC), Cornell Law School and Cornell University - Law School
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Criminal Cases, judge-jury agreement, juries, judges, adjucator

79.

Attorney Fees and Expenses in Class Action Settlements: 1993–2008

Journal of Empirical Legal Studies, Vol. 7, Issue 2, pp. 248-281, June 2010
Number of pages: 34 Posted: 17 May 2010
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law
Downloads 11 (626,411)
Citation 2
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80.

Addressing the Zeros Problem: Regression Models for Outcomes with a Large Proportion of Zeros, with an Application to Trial Outcomes

Journal of Empirical Legal Studies, Vol. 12, Issue 1, pp. 161-186, 2015
Number of pages: 26 Posted: 19 Feb 2015
Theodore Eisenberg, Thomas Eisenberg, Martin T. Wells and Min Zhang
Cornell University, Law School (Deceased), Cornell University - Department of Economics, Cornell University - Law School and Department of Statistics
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81.

Unpacking Negligence Liability: Experimentally Testing the Governance Effect

Journal of Empirical Legal Studies, Vol. 13, Issue 1, pp. 116-152, 2016
Number of pages: 37 Posted: 09 Feb 2016
Theodore Eisenberg and Christoph Engel
Cornell University, Law School (Deceased) and Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods
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Citation 2
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82.

Pain and Suffering Damages in Wrongful Death Cases: An Empirical Study

Journal of Empirical Legal Studies, Vol. 12, Issue 1, pp. 128-160, 2015
Number of pages: 33 Posted: 19 Feb 2015
Yun-chien Chang, Theodore Eisenberg, Han‐Wei Ho and Martin T. Wells
Academia Sinica - Institutum Iurisprudentiae (IIAS), Cornell University, Law School (Deceased), Center for Empirical Legal Studies and Cornell University - Law School
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83.

Assuring Civil Damages Adequately Deter: A Public Good Experiment

Journal of Empirical Legal Studies, Vol. 11, Issue 2, pp. 301-349, 2014
Number of pages: 49 Posted: 12 Apr 2014
Theodore Eisenberg and Christoph Engel
Cornell University, Law School (Deceased) and Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods
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84.

He Paid, She Paid: Exploiting Israeli Courts' Rulings on Litigation Costs to Explore Gender Biases

Journal of Empirical Legal Studies, Vol. 13, Issue 3, pp. 536-561, 2016
Number of pages: 26 Posted: 10 Aug 2016
Talia Fisher, Tamar Kricheli‐Katz, Issachar Rosen-Zvi and Theodore Eisenberg
Tel Aviv University - Buchmann Faculty of Law, Tel Aviv University - Buchmann Faculty of Law, Tel Aviv University - Buchmann Faculty of Law and Cornell University, Law School (Deceased)
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85.

Governments and Private Actors: Dispute Resolution of Japan's Harbour Practices

American Law and Economics Review, Vol. 1, No. 1, pp. 471-471, 1999
Posted: 29 Feb 2008
Theodore Eisenberg
Cornell University, Law School (Deceased)

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86.

The Significant Association between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer

Journal of Empirical Legal Studies, Vol. 3, p. 169, 2006
Posted: 11 Jun 2007
Martin T. Wells and Theodore Eisenberg
Cornell University - Law School and Cornell University, Law School (Deceased)

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punitive damages, regression

87.

Attorney Fees in Class Action Settlements: An Empirical Study

NYU, Law and Economics Research Paper No. 04-030; Cornell Legal Studies Research Paper No. 04-033
Posted: 08 Dec 2003
Theodore Eisenberg and Geoffrey P. Miller
Cornell University, Law School (Deceased) and New York University School of Law

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fees, class actions

88.

Damage Awards in Perspective: Behind the Headline-Grabbing Awards in Exxon Valdez and Engle

Posted: 15 Jan 2002
Theodore Eisenberg
Cornell University, Law School (Deceased)

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punitive damages, juries, torts, tobacco

89.

Forecasting Life and Death: Juror Race, Religion, and Attitude Toward the Death Penalty

Posted: 05 Nov 2001
Theodore Eisenberg, Stephen P. Garvey and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School

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90.

Inbreeding in Law School Hiring: Assessing the Performance of Faculty Hired from within

Posted: 26 Jun 2001
Theodore Eisenberg and Martin T. Wells
Cornell University, Law School (Deceased) and Cornell University - Law School

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92.

The Predictability of Punitive Damages

Journal of Legal Studies, Vol. 26, No. 1 (1997).
Posted: 17 Jan 1997
Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman and Martin T. Wells
Cornell University, Law School (Deceased), National Center for State Courts, National Center for State Courts, National Center for State Courts and Cornell University - Law School

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93.

Larger Board Size, Decreasing Firm Value, and Increasing Firm Solvency

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Larger Board Size, Decreasing Firm Value, and Increasing Firm Solvency

Posted: 21 Aug 1996
Theodore Eisenberg and Stefan Sundgren
Cornell University, Law School (Deceased) and Swedish School of Economics and Business Administration

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Larger Board Size, Decreasing Firm Value, and Increasing Firm Solvency

Journal of Financial Economics, pp. 35-54, 1998
Posted: 18 Dec 2006
Theodore Eisenberg, Stefan Sundgren and Martin T. Wells
Cornell University, Law School (Deceased), Swedish School of Economics and Business Administration and Cornell University - Law School

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