A Note on Trend-Spotting in the Case Law

Boston College Law Review, Vol. 40, Pp. 891-896, July 1999

Posted: 31 Jul 2000  

Keith N. Hylton

Boston University - School of Law

Abstract

This note, largely a comment on an article by Robert Hillman,
describes and contrasts two models of legal evolution. The orthodox view holds that legal evolution occurs through the active effort of judges. An alternative view models legal evolution as the outcome of the trial selection process - i.e., the process through which disputes are selected for trial rather than settled. This note critiques the orthodox view and explores implications of the trial selection model. I find the empirical evidence inconsistent with the orthodox view.

Suggested Citation

Hylton, Keith N., A Note on Trend-Spotting in the Case Law. Boston College Law Review, Vol. 40, Pp. 891-896, July 1999. Available at SSRN: https://ssrn.com/abstract=229094

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

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