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Empirical Scholarship in Contract Law: Possibilities and Pitfalls

19 Pages Posted: 30 Nov 2001  

Russell B. Korobkin

UCLA School of Law


This article examines and analyzes empirical contract law scholarship over the last fifteen years in an attempt to guide scholars concerning how empiricism can be used in and enhance the study of contract law. Part I defines the parameters of the study. Part II categorizes empirical contract law scholarship by both the source of data and main purpose of the investigation. Part III describes and analyzes three types of criticisms that can be made of empirical scholarship, how these criticism pertain to contract law scholarship specifically, and what steps researchers can take to minimize the force of such criticisms.

Suggested Citation

Korobkin, Russell B., Empirical Scholarship in Contract Law: Possibilities and Pitfalls. University of Illinois Law Review, Vol. 2002, pp. 1033-1066, 2002; UCLA, School of Law Research Paper No. 01-22. Available at SSRN: or

Russell B. Korobkin (Contact Author)

UCLA School of Law ( email )

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