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Download or read book Empirical Legal Scholarship written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Cane
Publisher : OUP Oxford
ISBN 13 : 019163543X
Total Pages : 1112 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Oxford Handbook of Empirical Legal Research written by Peter Cane and published by OUP Oxford. This book was released on 2012-05-17 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
Author : Lee Epstein
Publisher : Oxford University Press
ISBN 13 : 0199669058
Total Pages : 339 pages
Book Rating : 4.1/5 (996 download)
Download or read book An Introduction to Empirical Legal Research written by Lee Epstein and published by Oxford University Press. This book was released on 2014 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Empirical Legal Research introduces empirical methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results.
Author : John F. Pfaff
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book A Plea for More Aggregation written by John F. Pfaff and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical scholarship in the social sciences and the law stands at a critical threshold. As the volume of statistical analysis grows, it becomes increasingly difficult to assess what we actually know about a particular phenomenon. Contradictory findings abound, and the social sciences and empirical legal studies currently lack effective tools to filter the good claims from the bad and to synthesize the high-quality findings. This paper explores how to fundamentally change and improve the way these fields generate and use empirical knowledge. I start by examining why these fields are poorly equipped to draw conclusions from an empirical literature. The root problem is a misguided philosophy of science. Contrary to what social scientists are taught and believe, empirical knowledge does not come from (deductively) testing hypotheses but rather from (inductively) measuring effect sizes. Induction, however, requires a far more holistic perspective than deduction. Given their mistaken philosophical foundation, the social sciences and empirical legal scholarship have undervalued such perspectives. I then argue that the solution is to develop rigorous, evidence-based systematic reviews for observational research. These reviews have been revolutionizing fields like medicine and epidemiology that use randomized clinical trials, but they are almost unheard of in areas that rely on observational work. I demonstrate why these reviews are substantially superior to the more informal approaches currently used. I also discuss many of the significant challenges that face those who wish to design such reviews for observational work and point to possible solutions.
Author : Peter Cane
Publisher : Oxford University Press, USA
ISBN 13 : 9780199248179
Total Pages : 1071 pages
Book Rating : 4.2/5 (481 download)
Download or read book The Oxford Handbook of Legal Studies written by Peter Cane and published by Oxford University Press, USA. This book was released on 2005 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.
Author : Wendy Nelson Espeland
Publisher : Russell Sage Foundation
ISBN 13 : 1610448561
Total Pages : 294 pages
Book Rating : 4.6/5 (14 download)
Download or read book Engines of Anxiety written by Wendy Nelson Espeland and published by Russell Sage Foundation. This book was released on 2016-05-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Students and the public routinely consult various published college rankings to assess the quality of colleges and universities and easily compare different schools. However, many institutions have responded to the rankings in ways that benefit neither the schools nor their students. In Engines of Anxiety, sociologists Wendy Espeland and Michael Sauder delve deep into the mechanisms of law school rankings, which have become a top priority within legal education. Based on a wealth of observational data and over 200 in-depth interviews with law students, university deans, and other administrators, they show how the scramble for high rankings has affected the missions and practices of many law schools. Engines of Anxiety tracks how rankings, such as those published annually by the U.S. News & World Report, permeate every aspect of legal education, beginning with the admissions process. The authors find that prospective law students not only rely heavily on such rankings to evaluate school quality, but also internalize rankings as expressions of their own abilities and flaws. For example, they often view rejections from “first-tier” schools as a sign of personal failure. The rankings also affect the decisions of admissions officers, who try to balance admitting diverse classes with preserving the school’s ranking, which is dependent on factors such as the median LSAT score of the entering class. Espeland and Sauder find that law schools face pressure to admit applicants with high test scores over lower-scoring candidates who possess other favorable credentials. Engines of Anxiety also reveals how rankings have influenced law schools’ career service departments. Because graduates’ job placements play a major role in the rankings, many institutions have shifted their career-services resources toward tracking placements, and away from counseling and network-building. In turn, law firms regularly use school rankings to recruit and screen job candidates, perpetuating a cycle in which highly ranked schools enjoy increasing prestige. As a result, the rankings create and reinforce a rigid hierarchy that penalizes lower-tier schools that do not conform to the restrictive standards used in the rankings. The authors show that as law schools compete to improve their rankings, their programs become more homogenized and less accessible to non-traditional students. The ranking system is considered a valuable resource for learning about more than 200 law schools. Yet, Engines of Anxiety shows that the drive to increase a school’s rankings has negative consequences for students, educators, and administrators and has implications for all educational programs that are quantified in similar ways.
Author : Rob van Gestel
Publisher :
ISBN 13 : 9781316761045
Total Pages : 543 pages
Book Rating : 4.7/5 (61 download)
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by . This book was released on 2017 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: 11 The Role of Empirical Legal Studies in Legal Scholarship, Legal Education and Policy Making: A US Perspective
Author : Rossana Deplano
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976371
Total Pages : 224 pages
Book Rating : 4.7/5 (889 download)
Download or read book Pluralising International Legal Scholarship written by Rossana Deplano and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
Author : Lee Epstein
Publisher : OUP Oxford
ISBN 13 : 0191646547
Total Pages : 339 pages
Book Rating : 4.1/5 (916 download)
Download or read book An Introduction to Empirical Legal Research written by Lee Epstein and published by OUP Oxford. This book was released on 2014-08-14 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching. In litigation judges are confronted with empirical evidence in cases ranging from bankruptcy and taxation to criminal law and environmental infringement. In academia researchers are increasingly turning to sophisticated empirical methods to assess and challenge fundamental assumptions about the law. As empirical methods impact on traditional legal scholarship and practice, new forms of education are needed for today's lawyers. All lawyers asked to present or assess empirical arguments need to understand the fundamental principles of social science methodology that underpin sound empirical research. An Introduction to Empirical Legal Research introduces that methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentals of understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics. Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyers coming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.
Author : Jeffrey J. Rachlinski
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (13 download)
Download or read book The Politics of Legal Empirics written by Jeffrey J. Rachlinski and published by . This book was released on 2018 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical legal scholarship has emerged as a dominant trend in legal scholarship. At its best, empirical scholarship subjects assertions about the effect of legal rules to a neutral test. But is empirical inquiry truly neutral? The validity of an empirical study should rest on the reliability of the methods used, rather than the political implications of its conclusions. Scholars might choose targets of inquiry, sources of data, or methods of analysis that support their political allegiances. This paper tests this thesis by matching the political beliefs of authors of empirical legal scholarship with the results of their research. The political allegiances of authors mildly correlate with the results of empirical inquiry in legal scholarship.
Author : Hillel J. Bavli
Publisher :
ISBN 13 :
Total Pages : 49 pages
Book Rating : 4.:/5 (13 download)
Download or read book Credibility in Empirical Legal Analysis written by Hillel J. Bavli and published by . This book was released on 2020 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quantitative empirical research is central to both legal scholarship and litigation, but there is little confidence in it. This is because researchers can manipulate data to arrive at any result they seek to find. The root of the problem is data fishing, the practice of using data to search for and selectively report results that are statistically significant or otherwise favorable to the researcher. For reasons explained in this article, data fishing invalidates statistical results by causing false positives and false impressions. It creates an environment in which, at best, readers are highly skeptical of statistical analysis and, at worst, they base important decisions, such as policy decisions and jury verdicts, on incorrect information. The practice is nevertheless prevalent in law--often committed by well-intentioned researchers who are unaware of its harms or unaware that their analysis constitutes data fishing.This article exposes the harm that data fishing in empirical legal research causes. It then develops a framework for eliminating data fishing and restoring confidence in empirical analysis in legal scholarship and litigation. This framework, which I call DASS (an acronym for Design, Analyze, Scrutinize, and Substantiate), builds on methods in statistics and is designed for researchers to use to safeguard against data fishing and for consumers of empirical research--including scholars, courts, policymakers, and members of the public--to use to evaluate the reliability of a researcher's statistical claims. DASS is designed to be simple and flexible, tailored to suit empirical research in law, and a substantial advancement over current anti-data-fishing practices in the social sciences, which have generally been ineffective. It can be applied broadly as a framework for credibility in empirical legal research, as well as to address a range of classical challenges in litigation, such as the hired-gun and battle-of-the-experts problems in evidence law.
Author : Frans L. Leeuw
Publisher : Edward Elgar Publishing
ISBN 13 : 1782549412
Total Pages : 328 pages
Book Rating : 4.7/5 (825 download)
Download or read book Empirical Legal Research written by Frans L. Leeuw and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.
Author : Robert M. Lawless
Publisher : Aspen Publishers
ISBN 13 : 9781454875802
Total Pages : 0 pages
Book Rating : 4.8/5 (758 download)
Download or read book Empirical Methods in Law written by Robert M. Lawless and published by Aspen Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains basic principles and concepts in an intuitive style requiring no prior knowledge of math or statistics. The text also continues its emphasis on the importance of research design as well as statistical methods.
Author : Peter Cane
Publisher : OUP Oxford
ISBN 13 : 9780199659944
Total Pages : 1112 pages
Book Rating : 4.6/5 (599 download)
Download or read book The Oxford Handbook of Empirical Legal Research written by Peter Cane and published by OUP Oxford. This book was released on 2012-05-17 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive guide to empirical legal research, this Oxford Handbook examines one of the central developments in modern legal scholarship. Chapters trace the development of the field, its methodology, and its contribution to understanding every aspect of the modern legal world - from policing to finance, employment to the environment.
Author : Willem H. van Boom
Publisher : Edward Elgar Publishing
ISBN 13 : 1785362755
Total Pages : 281 pages
Book Rating : 4.7/5 (853 download)
Download or read book Empirical Legal Research in Action written by Willem H. van Boom and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.
Author : Mike McConville
Publisher : Edinburgh University Press
ISBN 13 : 1474403220
Total Pages : 336 pages
Book Rating : 4.4/5 (744 download)
Download or read book Research Methods for Law written by Mike McConville and published by Edinburgh University Press. This book was released on 2017-01-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.
Author : Alexander A. Boni-Saenz
Publisher :
ISBN 13 :
Total Pages : 5 pages
Book Rating : 4.:/5 (129 download)
Download or read book Empirical Inheritance Law written by Alexander A. Boni-Saenz and published by . This book was released on 2020 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical legal scholars tell it like it is. The nature of the “it” that we might want to know about varies significantly by legal field, however, and it also differs based on one's scholarly position within that field. This Comment explores the major ways that empirical legal scholarship can be valuable to those of us working on normative or theoretical legal scholarship in inheritance law.
