Litigation Realities

36 Pages Posted: 7 Feb 2002

See all articles by Kevin M. Clermont

Kevin M. Clermont

Cornell Law School

Theodore Eisenberg

Cornell University, Law School (Deceased)


After both presenting new data and also summarizing recent empirical work on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the authors draw a series of lessons for understanding and using empirical methods in the study of the legal system's operation. In so doing, they generate implications for current and projected policy debates concerning litigation, while identifying areas that demand further empirical work.

Keywords: litigation, courts, empirical studies, trials, juries

JEL Classification: K0, K1, K4

Suggested Citation

Clermont, Kevin M. and Eisenberg, Theodore, Litigation Realities. Cornell Law Review, Vol. 88, p. 119, 2002-2003, Available at SSRN: or

Kevin M. Clermont

Cornell Law School ( email )

Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-5189 (Phone)
607-255-7193 (Fax)

Theodore Eisenberg (Contact Author)

Cornell University, Law School (Deceased) ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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