An Economic Analysis of the Use of Citations in the Law

Abstract

This paper examines the use of citations analysis as an empirical tool for understanding aspects of the legal system and for improving the performance of the system. Emphasis is laid on the use of such analysis as a means to evaluate courts and judges (and therefore as a judicial-management tool), to test hypotheses about judicial behavior, and to evaluate and improve legal scholarship. It is argued that economic models, particularly of reputation and of human capital, can frame and guide the use of citations analysis in law.