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Refereed Anthology

Empirical Legal Analysis: Assessing the performance of legal institutions

Empirical Legal Analysis: Assessing the performance of legal institutions

Editor-in-Chief:Yun-chien Chang
Publication Date:2014-01
This innovative volume explores empirical legal issues around the world. While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law. That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality.
In this edited book, authors from leading institutions in the US, Europe, and Asia investigate legal issues in South Africa, Argentina, the US, Israel, Taiwan, and other countries. Using original data in a variety of statistical tools (from the most basic chi-square analysis to sophisticated two-stage least square regression models), contributors to this book look into the judicial behaviours in Taiwan and Israel, the determinants of constitutional judicial systems in 100 countries, and the effect of appellate court decisions on media competition. In addition, this book breaks new ground in informing important policy debates. Specifically, how long should we incarcerate criminals? Should the medical malpractice liability system be reformed? Do police reduce crime? Why is South Africa’s democratic transition viable?
With solid data as evidence, this volume sheds new light on these issues from a road more and more frequently taken—what is known as "empirical legal studies/analysis." This book should be useful to students, practitioners, and professors of law, economics, and public policy in many countries who seek to understand their legal system from a different, and arguably more scientific, perspective.

Table of Contents

by Yun-chien Chang


Why was the democratic transition in South Africa viable?
by Robert P. Inman and Daniel L. Rubinfeld

North America

Reality checkHow malpractice facts changed Malpractice liability theory
by Jennifer Arlen
How do we decide how long to incarcerate?
by David S. Abrams
Does appellate precedent matter?Stock price responses to appellate court decisions on FCC actions
by Daniel L. Chen, Susan Yeh, and Alberto G. Araiza

South America

Do police reduce crime?A reexamination of a natural
 experiment experiment
by John J. Donohue, Daniel E. Ho, and Patrick Leahy


To tear down or not to tear down?An empirical study of boundary encroachment cases in Taiwan
by Yun-chien Chang


Judicial activism and government practices in litigation in the Israeli High Court of Justice 1970–2000
by Yoav Dotan
Case selection and dissent in courts of last resortAn empirical study of the Israel Supreme Court
by Theodore Eisenberg, Talia Fisher, and Issi Rosen-Zvi


Determinants of constitutionally safeguarded judicial reviewInsights based on a new indicator
by Jerg Gutmann, Bernd Hayo, and Stefan Voigt