Herbert M. Kritzer

University of Minnesota Law School

Professor of Law

229 19th Avenue South

Minneapolis, MN 55455

United States

SCHOLARLY PAPERS

57

DOWNLOADS
Rank 8,114

SSRN RANKINGS

Top 8,114

in Total Papers Downloads

10,633

SSRN CITATIONS
Rank 21,393

SSRN RANKINGS

Top 21,393

in Total Papers Citations

31

CROSSREF CITATIONS

31

Scholarly Papers (57)

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 1,134 (36,579)

Abstract:

Loading...

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 858 (54,165)

Abstract:

Loading...

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 634 (80,443)

Abstract:

Loading...

Torts

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 236 (243,434)
Citation 2

Abstract:

Loading...

claiming, complaining, propensity to Sue, litigiousness

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 214 (267,353)
Citation 1

Abstract:

Loading...

Claiming, Propensity to Sue, Legal Mobilization

5.

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 450 (122,655)
Citation 5

Abstract:

Loading...

legal needs, access to justice

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 410 (136,635)
Citation 1

Abstract:

Loading...

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 359 (158,627)

Abstract:

Loading...

Contingent fee, contingency fee, tort, plaintiff, lawyer

8.

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 357 (159,598)
Citation 5

Abstract:

Loading...

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

9.

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 354 (161,548)

Abstract:

Loading...

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

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 325 (176,564)
Citation 1

Abstract:

Loading...

legal profession, litigation, malpractice

11.

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 315 (182,407)

Abstract:

Loading...

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

12.

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 295 (195,551)
Citation 2

Abstract:

Loading...

empirical legal studies, legal history

13.

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 284 (203,311)
Citation 2

Abstract:

Loading...

Early Empirical Legal Studies, legal history, civil litigation

14.

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 284 (203,311)

Abstract:

Loading...

diffusion, Daubert, expert evidence, scientific evidence

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 233 (247,497)

Abstract:

Loading...

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 218 (263,636)

Abstract:

Loading...

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 211 (271,824)

Abstract:

Loading...

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 185 (306,065)

Abstract:

Loading...

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 181 (312,124)

Abstract:

Loading...

Legal profession, legal malpractice, juries

20.

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 181 (312,124)

Abstract:

Loading...

Administrative law, Supreme Court, judicial regimes, deference

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 84 (562,202)
Citation 1

Abstract:

Loading...

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

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 78 (588,396)

Abstract:

Loading...

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

22.

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 160 (347,549)
Citation 1

Abstract:

Loading...

civil juries, pain and suffering, damages

23.

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 156 (355,080)
Citation 8

Abstract:

Loading...

Access to Justice, Legal Services

24.

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 154 (358,809)
Citation 1

Abstract:

Loading...

legal profession, litigation

25.

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 154 (358,809)

Abstract:

Loading...

Legal profession, Legal education, Abogacía, Educación legal

26.

'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 154 (358,809)

Abstract:

Loading...

judicial selection, judicial elections

27.

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 143 (380,906)
Citation 1

Abstract:

Loading...

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 139 (389,451)

Abstract:

Loading...

civil litigation, media, news reporting

29.

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 138 (391,776)

Abstract:

Loading...

State Supreme Court Elections

30.

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 133 (403,239)
Citation 1

Abstract:

Loading...

Civil Litigation, Trials, Criminal Justice

31.

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 131 (408,045)

Abstract:

Loading...

judicial selection, judicial elections

32.

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 128 (415,276)

Abstract:

Loading...

Civil Litigation, Empirical Legal Research

33.

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 123 (428,037)

Abstract:

Loading...

Judicial Behavior, Federal District Courts, Political Polarization

34.

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 123 (428,037)

Abstract:

Loading...

legal education, legal profession

35.

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 106 (477,886)

Abstract:

Loading...

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

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 96 (511,185)

Abstract:

Loading...

Judicial selection, retention elections, law and politics

37.

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 93 (521,754)
Citation 1

Abstract:

Loading...

Judicial Behavior, State Supreme Court Elections

38.

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 89 (536,409)

Abstract:

Loading...

litigation, media, civil justice reform, tort reform

39.

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 86 (548,034)

Abstract:

Loading...

News media, courts, civil litigation

40.

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 76 (589,331)

Abstract:

Loading...

public opinion, Supreme Court, Rehnquist Court

41.

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 75 (593,694)

Abstract:

Loading...

42.

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 70 (616,579)

Abstract:

Loading...

Juries, Specialized Courts

43.

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 60 (667,206)
Citation 2

Abstract:

Loading...

Judges, Judicial Selection, Judicial Elections, State Supreme Courts

44.

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 57 (683,746)

Abstract:

Loading...

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

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 39 (801,102)
Citation 1

Abstract:

Loading...

46.

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

Law and Social Inquiry, Law & Social Inquiry 48, No. 2 (May 2023), 371–406.
Number of pages: 36 Posted: 11 Jul 2022 Last Revised: 02 Dec 2023
Herbert M. Kritzer
University of Minnesota Law School
Downloads 34 (840,264)

Abstract:

Loading...

judges, judicial selection

47.

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 27 (900,665)

Abstract:

Loading...

Judges, Judicial Selection

48.

Empirical Research on Civil Justice: A Brief History

Number of pages: 34 Posted: 02 Jul 2024
Herbert M. Kritzer
University of Minnesota Law School
Downloads 9 (1,082,301)

Abstract:

Loading...

civil litigation, courts, empirical legal research

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

Abstract:

Loading...

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

Abstract:

Loading...

51.

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

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

Abstract:

Loading...

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

Abstract:

Loading...

53.

Contingent Fee Lawyers and Their Clients Settlement Expectations and Settlement Realities

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

Abstract:

Loading...

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

Abstract:

Loading...

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

Abstract:

Loading...

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

Abstract:

Loading...

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

Abstract:

Loading...