Herbert M. Kritzer

University of Minnesota Law School

Professor of Law

229 19th Avenue South

Minneapolis, MN 55455

United States

  • University of Minnesota Law School

SCHOLARLY PAPERS

57

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18

CROSSREF CITATIONS

43

Ideas:
“  My book on legal malpractice will be available in March 2018. My new project focuses on the politics of changing methods of state judicial selection and retention  ”

  • University of Minnesota Law School

Scholarly Papers (57)

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1.

Fee Regimes and the Cost of Civil Justice

Civil Justice Quarterly, Vol. 28, 2009, Minnesota Legal Studies Research Paper No. 09-25
Number of pages: 25 Posted: 26 Jun 2009 Last Revised: 05 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 891 (37,915)

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legal profession, legal fees, contingency fees, cost of litigation

2.

The Commodification of Insurance Defense Practice

Vanderbilt Law Review, 2006, William Mitchell Legal Studies Research Paper No. 69
Number of pages: 62 Posted: 06 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 839 (41,173)

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Insurance, lawyers, torts, legal practice, commodification

3.

Jackpot Justice and the American Tort System: Thinking Beyond Junk Science

Number of pages: 28 Posted: 02 Jul 2008
Tom Baker, Herbert M. Kritzer and Neil Vidmar
University of Pennsylvania Carey Law School, University of Minnesota Law School and Duke University - School of Law
Downloads 611 (62,429)

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Torts

4.

To Lawyer, or Not to Lawyer, is That the Question?

William Mitchell Legal Studies Research Paper No. 82, 2nd Annual Conference on Empirical Legal Studies Paper , Journal of Empirical Legal Studies, Forthcoming
Number of pages: 41 Posted: 06 Aug 2007 Last Revised: 26 Aug 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 420 (98,519)
Citation 4

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legal needs, access to justice

5.

The Antecedents of Disputes: Complaining and Claiming

Downloads 402 (103,932)
Citation 1

The Antecedents of Disputes: Complaining and Claiming

Minnesota Legal Studies Research Paper No. 10-33
Number of pages: 41 Posted: 29 Jun 2010
Herbert M. Kritzer
University of Minnesota Law School
Downloads 203 (208,678)
Citation 1

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Claiming, Propensity to Sue, Legal Mobilization

The Antecedents of Disputes: Complaining and Claiming

Oñati Socio-Legal Series, Vol. 1, No. 6, 2011
Number of pages: 31 Posted: 12 Oct 2011
Herbert M. Kritzer
University of Minnesota Law School
Downloads 199 (213,429)

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claiming, complaining, propensity to Sue, litigiousness

6.

Research is a Messy Business: An Archeology of the Craft of Socio-Legal Research

CONDUCTING LAW AND SOCIETY RESEARCH: REFLECTIONS ON METHODS AND PRACTICES, Simon Halliday and Patrick Schmidt, eds., New York: Cambridge University Press, 2009, William Mitchell Legal Studies Research Paper No. 101
Number of pages: 16 Posted: 26 Oct 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 331 (128,734)
Citation 1

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research methods, qualitative research, quantitative research, data collection

7.

Seven Dogged Myths Concerning Contingency Fees

Washington University Law Quarterly, Vol. 80, pp. 739-794, 2002
Number of pages: 46 Posted: 14 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 329 (129,550)

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Contingent fee, contingency fee, tort, plaintiff, lawyer

8.

Defending Torts: What Should We Know?

William Mitchell Legal Studies Research Paper No. 70, Univ. of Wisconsin Legal Studies Research Paper No. 1044, Journal of Tort Law, Forthcoming
Number of pages: 61 Posted: 30 Mar 2007
Herbert M. Kritzer
University of Minnesota Law School
Downloads 327 (130,403)

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litigation, torts, defense, lawyers, insurers, insurance, defendants

9.

Private Enforcement of Statutory and Administrative Law in the United States (and Other Common Law Countries)

in PROCEDURAL JUSTICE 197-318 (Peter Gottwald & Burkhard Hess, eds. 2014)., U of Penn Law School, Public Law Research Paper No. 11-08
Number of pages: 120 Posted: 09 Mar 2011 Last Revised: 06 May 2014
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Carey Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 308 (138,820)
Citation 5

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Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

10.

When the Lawyer Screws Up: A Portrait of Legal Malpractice Claims and Their Resolution

Duke Law School Public Law & Legal Theory Series No. 2015-29
Number of pages: 76 Posted: 08 Jul 2015 Last Revised: 27 Aug 2015
Herbert M. Kritzer and Neil Vidmar
University of Minnesota Law School and Duke University - School of Law
Downloads 293 (146,208)
Citation 2

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legal profession, litigation, malpractice

11.

Empirical Legal Studies Before 1940: A Bibliographic Essay

Minnesota Legal Studies Research Paper No. 09-27
Number of pages: 51 Posted: 02 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 276 (155,346)
Citation 2

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empirical legal studies, legal history

12.

Private Enforcement

Lewis & Clark Law Review, Vol. 17, P. 637, 2013, U of Penn Law School, Public Law Research Paper No. 13-22, Minnesota Legal Studies Research Paper No. 13-46
Number of pages: 88 Posted: 15 Sep 2013
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Carey Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 271 (158,329)

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Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

13.

Daubert in the States: Diffusion of a New Approach to Expert Evidence in Court

1st Annual Conference on Empirical Legal Studies
Number of pages: 33 Posted: 05 Jul 2006
Herbert M. Kritzer and Darryn C. Beckstrom
University of Minnesota Law School and University of Wisconsin - Madison - Department of Political Science
Downloads 261 (164,402)

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diffusion, Daubert, expert evidence, scientific evidence

14.

The (Nearly) Forgotten Early Empirical Legal Research

Minnesota Legal Studies Research Paper No. 09-26
Number of pages: 28 Posted: 02 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 253 (169,556)
Citation 1

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Early Empirical Legal Studies, legal history, civil litigation

15.

The Arts of Persuasion in Science and Law: Conflicting Norms in the Courtroom

Law and Contemporary Problems, 2007, William Mitchell Legal Studies Research Paper No. 86
Number of pages: 25 Posted: 25 Oct 2007 Last Revised: 27 May 2014
Herbert M. Kritzer
University of Minnesota Law School
Downloads 215 (197,972)

Abstract:

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expert testimony, Daubert

16.

Daubert in the Law Office: Routinizing Procedural Change

Univ. of Wisconsin Legal Studies Research Paper No. 1043, William Mitchell Legal Studies Research Paper No. 72, Journal of Empirical Legal Studies, Forthcoming
Number of pages: 44 Posted: 01 Oct 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 199 (212,625)

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litigation, expert testimony, scientific testimony, evidence

17.

The Business of State Supreme Courts, Revisited

Univ. of Wisconsin Legal Studies Research Paper No. 1033
Number of pages: 19 Posted: 21 Dec 2006
Herbert M. Kritzer, Paul Brace, Melinda Gann Hall and Brent D. Boyea
University of Minnesota Law School, Rice University - Department of Political Science, Michigan State University - Department of Political Science and University of Texas at Arlingtion
Downloads 188 (223,575)

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state supreme court, litigation

18.

Toward a Theorization of Craft

William Mitchell Legal Studies Research Paper No. 73, Socio-Legal Studies, Forthcoming
Number of pages: 36 Posted: 06 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 167 (247,282)

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legal profession, judicial behavior, judging

19.

Lawyers on Trial: Juror Hostility to Defendants in Legal Malpractice Trials

Duke Law School Public Law & Legal Theory Series No. 2015-15, Minnesota Legal Studies Research Paper No. 15-06
Number of pages: 30 Posted: 18 Mar 2015 Last Revised: 09 Apr 2015
Herbert M. Kritzer and Neil Vidmar
University of Minnesota Law School and Duke University - School of Law
Downloads 161 (255,148)

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Legal profession, legal malpractice, juries

20.

Does Chevron Matter?

Downloads 158 (259,161)
Citation 7

Does Chevron Matter?

Law and Policy, Vol 28, No. 4, October 2006
Number of pages: 40 Posted: 06 Jun 2006
Mark J. Richards, Joseph L. Smith and Herbert M. Kritzer
Grand Valley State University - Department of Political Science, Grand Valley State University - Department of Political Science and University of Minnesota Law School
Downloads 130 (303,279)

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Administrative law, Supreme Court, judicial regimes, deference

Does Chevron Matter?

Law & Policy, Vol. 28, No. 4, pp. 444-469, October 2006
Number of pages: 26 Posted: 08 Sep 2006
Mark J. Richards, Joseph L. Smith and Herbert M. Kritzer
Grand Valley State University - Department of Political Science, Grand Valley State University - Department of Political Science and University of Minnesota Law School
Downloads 28 (660,974)

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21.

Examining the Real Demand for Legal Services

William Mitchell Legal Studies Research Paper No. 102
Number of pages: 20 Posted: 02 Dec 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 140 (285,375)
Citation 8

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Access to Justice, Legal Services

22.

'Law is the Mere Continuation of Politics by Different Means': American Judicial Selection in the Twenty-First Century

DePaul Law Review, March 2007, Univ. of Wisconsin Legal Studies Research Paper No. 1032, William Mitchell Legal Studies Research Paper No. 71
Number of pages: 79 Posted: 07 Dec 2006 Last Revised: 23 Dec 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 138 (288,565)

Abstract:

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judicial selection, judicial elections

23.

Law Schools and the Continuing Growth of the Legal Profession

Oñati Socio-Legal Series, Vol. 3, No. 3, 2013
Number of pages: 24 Posted: 31 Jul 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 131 (300,254)

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Legal profession, Legal education, Abogacía, Educación legal

24.

Competition in State Supreme Court Elections, 1946-2009

Journal of Empirical Legal Studies, Forthcoming, Minnesota Legal Studies Research Paper No. 10-08
Number of pages: 31 Posted: 10 Feb 2010 Last Revised: 26 Sep 2010
Herbert M. Kritzer
University of Minnesota Law School
Downloads 125 (310,981)

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State Supreme Court Elections

25.

The Trials and Tribulations of Counting 'Trials'

63 DePaul Law Review 415-441 (2013) , Minnesota Legal Studies Research Paper No. 12-26
Number of pages: 28 Posted: 22 Jun 2012 Last Revised: 13 Sep 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 123 (314,718)
Citation 1

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Civil Litigation, Trials, Criminal Justice

26.

Change in State Supreme Court Elections: Is Voting Becoming More Partisan?

Minnesota Legal Studies Research Paper No. 11-29, APSA 2011 Annual Meeting Paper
Number of pages: 44 Posted: 11 Jul 2011
Herbert M. Kritzer
University of Minnesota Law School
Downloads 120 (322,177)
Citation 1

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27.

An Exploration of 'Non-Economic' Damages in Civil Jury Awards

William & Mary Law Review, 2014, Forthcoming, Minnesota Legal Studies Research Paper No. 13-39
Number of pages: 57 Posted: 29 Aug 2013
Herbert M. Kritzer, Guangya Liu and Neil Vidmar
University of Minnesota Law School, Duke University School of Law and Duke University - School of Law
Downloads 117 (325,999)
Citation 1

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civil juries, pain and suffering, damages

28.

Reporting Civil Litigation on Local Television News

William Mitchell Legal Studies Research Paper No. 96, Version 2a, 3rd Annual Conference on Empirical Legal Studies Papers (revised)
Number of pages: 20 Posted: 15 May 2008 Last Revised: 28 Sep 2008
Herbert M. Kritzer and Robert E. Drechsel
University of Minnesota Law School and University of Wisconsin - Madison - School of Journalism & Mass Communication
Downloads 115 (330,005)

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civil litigation, media, news reporting

29.

Lawyers at Work: Theories and Methods

Minnesota Legal Studies Research Paper No. 15-04
Number of pages: 13 Posted: 17 Mar 2015 Last Revised: 09 Apr 2015
Herbert M. Kritzer
University of Minnesota Law School
Downloads 114 (332,039)
Citation 1

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legal profession, litigation

30.

Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts

Downloads 113 (334,097)
Citation 1

Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts

University of Minnesota Law School Working Papers (2018)
Number of pages: 73 Posted: 30 Apr 2018
Herbert M. Kritzer
University of Minnesota Law School
Downloads 61 (486,741)

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judicial behavior, judicial decision-making, political polarization, federal courts

Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts

Kansas Journal of Law and Policy 28, no. 2 (Spring 2019), 309-394
Number of pages: 86 Posted: 31 May 2018 Last Revised: 10 Jan 2022
Herbert M. Kritzer
University of Minnesota Law School
Downloads 52 (524,882)
Citation 1

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judicial decision-making, judicial behavior, federal courts, supreme court, court of appeals

31.

Early Empirical Research on Civil Justice

Minnesota Legal Studies Research Paper No. 09-29
Number of pages: 18 Posted: 01 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 108 (344,643)

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Civil Litigation, Empirical Legal Research

32.

It’s the Law Schools Stupid! Explaining the Continuing Increase in the Number of Lawyers

Minnesota Legal Studies Research Paper No. 12-23
Number of pages: 26 Posted: 22 Jun 2012
Herbert M. Kritzer
University of Minnesota Law School
Downloads 106 (349,022)

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legal education, legal profession

33.

Roll-Off in State Court Elections: Change Over Time and the Impact of the Straight-Ticket Voting Option

Number of pages: 29 Posted: 03 Jul 2015
Herbert M. Kritzer
University of Minnesota Law School
Downloads 104 (353,480)

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judicial selection, judicial elections

34.

Advocacy and Rhetoric vs. Scholarship and Evidence in the Debate Over Contingency Fees: A Reply to Professor Brickman

Washington University Law Quarterly, Vol. 82, pp. 477-507, 2004
Number of pages: 31 Posted: 14 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 89 (390,169)

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Contingency fee, contingent fee, plaintiffs lawyers, tort, lawyer fees

35.

Polarization in American Politics: Does it Extend to the Federal District Court?

Number of pages: 28 Posted: 27 Jul 2017
Herbert M. Kritzer, Robert A. Carp and Kenneth L. Manning
University of Minnesota Law School, University of Houston and University of Massachusetts at Dartmouth
Downloads 87 (395,594)

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Judicial Behavior, Federal District Courts, Political Polarization

36.

The Partisan Character of State Supreme Court Retention Elections

Minnesota Legal Studies Research Paper No. 12-29, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 30 Posted: 14 Jul 2012 Last Revised: 16 Sep 2012
Herbert M. Kritzer
University of Minnesota Law School
Downloads 77 (424,903)

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Judicial selection, retention elections, law and politics

37.

A Portrait of Local News Reporting of Civil Litigation

Minnesota Legal Studies Research Paper No. 10-34, 5th Annual Conference on Empirical Legal Studies Paper
Number of pages: 27 Posted: 03 Jul 2010 Last Revised: 14 Jul 2010
Herbert M. Kritzer and Robert E. Drechsel
University of Minnesota Law School and University of Wisconsin - Madison - School of Journalism & Mass Communication
Downloads 73 (437,447)

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litigation, media, civil justice reform, tort reform

38.

Local News of Civil Litigation: All the Litigation News That's Fit to Print or Broadcast

Judicature, Vol. 96, No. 1, pp. 16-22, Minnesota Legal Studies Research Paper No. 12-46
Number of pages: 8 Posted: 18 Sep 2012
Herbert M. Kritzer and Robert E. Drechsel
University of Minnesota Law School and University of Wisconsin - Madison - School of Journalism & Mass Communication
Downloads 66 (461,203)

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News media, courts, civil litigation

39.

The American Public's Assessment of the Rehnquist Court

Judicature, Vol. 89, No. 3, pp. 168-176, November-December 2005
Number of pages: 9 Posted: 06 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 61 (479,729)

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public opinion, Supreme Court, Rehnquist Court

40.

To Regulate or Not to Regulate, or (Better Still) When to Regulate

Dispute Resolution Magazine, Vol. 19, No. 3 (Spring 2013), pp. 12-13, Minnesota Legal Studies Research Paper No. 13-37
Number of pages: 3 Posted: 28 Aug 2013 Last Revised: 31 Aug 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 57 (495,233)

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41.

Where Are We Going? The Generalist vs. Specialist Challenge

Tulsa Law Review, Vol. 47, No. 1, 2011, Minnesota Legal Studies Research Paper No. 12-47
Number of pages: 15 Posted: 18 Sep 2012
Herbert M. Kritzer
University of Minnesota Law School
Downloads 55 (503,352)

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Juries, Specialized Courts

42.

Supreme Court Elections and Tort Law Decisions

Minnesota Legal Studies Research Paper No. 14-33
Number of pages: 22 Posted: 10 Jul 2014
Herbert M. Kritzer
University of Minnesota Law School
Downloads 50 (524,873)
Citation 1

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Judicial Behavior, State Supreme Court Elections

43.

Judicial Elections in the 2010s

DePaul Law Review, Forthcoming
Number of pages: 32 Posted: 27 Jul 2017
Herbert M. Kritzer
University of Minnesota Law School
Downloads 35 (600,061)

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Courts, Judges, Judicial Elections, State Supreme Courts, Law and Politics

44.

Polarization and Partisanship in State Supreme Court Elections

Herbert M. Kritzer (2021–22) “Polarization and Partisanship in State Supreme Court Elections.” 105 Judicature 65–75.
Number of pages: 12 Posted: 11 Jan 2022
Herbert M. Kritzer
University of Minnesota Law School
Downloads 29 (636,607)

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Judges, Judicial Selection, Judicial Elections, State Supreme Courts

45.

A Tale of Two States

Minnesota Legal Studies Research Paper No. 13-38
Number of pages: 35 Posted: 28 Aug 2013 Last Revised: 29 Aug 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 26 (657,104)
Citation 1

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46.

What do Americans Want in Their State Judges?

Herbert M. Kritzer (2021) “What Do Americans Want in Their State Judges?” 105 Judicature 6–17.
Number of pages: 12 Posted: 10 Jan 2022
Herbert M. Kritzer
University of Minnesota Law School
Downloads 9 (800,321)

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Judges, Judicial Selection

47.

Appointed or Elected: How Justices on Elected State Supreme Courts Are Actually Selected

Law and Social Inquiry, Forthcoming
Number of pages: 36 Posted: 11 Jul 2022
Herbert M. Kritzer
University of Minnesota Law School
Downloads 7 (820,714)

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judges, judicial selection

48.

Competitiveness in State Supreme Court Elections, 1946-2009

Journal of Empirical Legal Studies, Vol. 8, Issue 2, pp. 237-259, 2011
Number of pages: 23 Posted: 20 May 2011
Herbert M. Kritzer
University of Minnesota Law School
Downloads 5 (841,493)
Citation 1

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49.

Impact of Judicial Elections on Judicial Decisions

Annual Review of Law and Social Science, Vol. 12, pp. 353-371, 2016
Posted: 18 Nov 2016
Herbert M. Kritzer
University of Minnesota Law School

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50.

Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States

Herbert M. Kritzer, RISKS, REPUTATIONS AND REWARDS: CONTINGENCY FEE LEGAL PRACTICE IN THE UNITED STATES, Stanford University Press, July 2004
Posted: 06 Aug 2004
Herbert M. Kritzer
University of Minnesota Law School

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51.

The Fracturing Legal Profession: The Case of Plaintiffs' Personal Injury Lawyers

Posted: 18 Jun 2001
Herbert M. Kritzer
University of Minnesota Law School

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52.

Investing in Justice: Can You Profit from Contingency Fee Work

Wisconsin Lawyer, Vol. 70, No. 1, 1997
Posted: 03 Dec 1998
Herbert M. Kritzer
University of Minnesota Law School

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53.

Contingent Fee Lawyers and Their Clients Settlement Expectations and Settlement Realities

Posted: 01 Dec 1998
Herbert M. Kritzer
University of Minnesota Law School

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54.

The Wages of Risk: The Returns of Contingency Fee Legal Practice

DePaul University Law Review, Vol. 47, No. 2, 1998
Posted: 22 Nov 1998
Herbert M. Kritzer
University of Minnesota Law School

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55.

Rethinking Barriers to Legal Practice: It is Time to Repeal Unauthorized Practice of Law Statutes

Judicature, Vol. 81, No. 3, 1997 and author's book Legal Advocacy: Lawyers and Nonlawyers at Work, University of Michigan Press.
Posted: 09 Nov 1998
Herbert M. Kritzer
University of Minnesota Law School

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56.

The Shadow of Punitives: An Unsuccessful Effort to Bring it into View

Wisconsin Law Review, 1998
Posted: 04 Nov 1998
Herbert M. Kritzer and Frances K. Zemans
University of Minnesota Law School and affiliation not provided to SSRN

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57.

Lawyers Seeking Clients, Clients Seeking Lawyers: Sources of Contingency Fee Cases and Their Implications for Case Handling

Posted: 30 Jul 1998
Herbert M. Kritzer and Jayanth K. Krishnan
University of Minnesota Law School and Indiana University Maurer School of Law

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