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Data Watch: Tort-uring the Data

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Author Info

  • Eric Helland
  • Jonathan Klick
  • Alexander Tabarrok

Abstract

This article discusses data available for researchers interested in the U.S. civil justice system and illustrates the uses of the various datasets with some interesting findings. Our focus is on torts, defined as an injury to person or property that is not covered by contract and for which civil liability may be imposed. The most common tort is the result of an auto accident. We discuss data useful for analyzing trends, data that are useful for cross-sectional research and finally data covering only a specific type of civil litigation such as medical malpractice. We conclude by discussing the limitations of all civil litigation data.

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File URL: http://www.aeaweb.org/articles.php?doi=10.1257/0895330054048669
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Bibliographic Info

Article provided by American Economic Association in its journal Journal of Economic Perspectives.

Volume (Year): 19 (2005)
Issue (Month): 2 (Spring)
Pages: 207-220

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Handle: RePEc:aea:jecper:v:19:y:2005:i:2:p:207-220

Note: DOI: 10.1257/0895330054048669
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References

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  1. Michelle J. White, 1989. "An Empirical Test of the Comparative and Contributory Negligence Rules in Accident Law," RAND Journal of Economics, The RAND Corporation, vol. 20(3), pages 308-330, Autumn.
  2. Eric Helland & Alexander Taberrok, . "The Effect of Electoral Institutions on Tort Awards," Claremont Colleges Working Papers 1999-07, Claremont Colleges.
  3. Kessler, Daniel, 1996. "Institutional Causes of Delay in the Settlement of Legal Disputes," Journal of Law, Economics and Organization, Oxford University Press, vol. 12(2), pages 432-60, October.
  4. Fournier, Gary M & Zuehlke, Thomas W, 1989. "Litigation and Settlement: An Empirical Approach," The Review of Economics and Statistics, MIT Press, vol. 71(2), pages 189-95, May.
  5. Eric Helland & Alexander Tabarrok, 2002. "The Effect of Electoral Institutions on Tort Awards," American Law and Economics Review, Oxford University Press, vol. 4(2), pages 341-370.
  6. Helland, Eric & Tabarrok, Alexander T, 2000. "Runaway Judges? Selection Effects and the Jury," Journal of Law, Economics and Organization, Oxford University Press, vol. 16(2), pages 306-33, October.
  7. Daniel Kessler, 1995. "Fault, Settlement, and Negligence Law," RAND Journal of Economics, The RAND Corporation, vol. 26(2), pages 296-313, Summer.
  8. Danzon, Patricia, 1984. "The Frequency and Severity of Medical Malpractice Claims," Journal of Law and Economics, University of Chicago Press, vol. 27(1), pages 115-48, April.
  9. Danzon, Patricia M., 2000. "Liability for medical malpractice," Handbook of Health Economics, in: A. J. Culyer & J. P. Newhouse (ed.), Handbook of Health Economics, edition 1, volume 1, chapter 26, pages 1339-1404 Elsevier.
  10. Michelle J. White, 2004. "Asbestos and the Future of Mass Torts," Journal of Economic Perspectives, American Economic Association, vol. 18(2), pages 183-204, Spring.
  11. Eric Helland & Alexander Tabarrok, 2003. "Race, Poverty, and American Tort Awards: Evidence from Three Data Sets," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 27-58, 01.
  12. Farber, Henry S & White, Michelle J, 1994. "A Comparison of Formal and Informal Dispute Resolution in Medical Malpractice," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 777-806, June.
  13. Moller, Erik K & Pace, Nicholas M & Carroll, Stephen J, 1999. "Punitive Damages in Financial Injury Jury Verdicts," The Journal of Legal Studies, University of Chicago Press, vol. 28(2), pages 283-339, June.
  14. Karpoff, Jonathan M & Lott, John R, Jr, 1999. "On the Determinants and Importance of Punitive Damage Awards," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 527-73, April.
  15. Joni Hersch & W. Kip Viscusi, 2004. "Punitive Damages: How Judges and Juries Perform," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 1-36, 01.
  16. Eisenberg, Theodore, 1990. "Testing the Selection Effect: A New Theoretical Framework with Empirical Tests," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 337-58, June.
  17. Eric Helland & Alexander Taberrok, . "Runaway Judges? Selection Effects and the Jury," Claremont Colleges Working Papers 2000-10, Claremont Colleges.
  18. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
  19. Wittman, Donald, 1986. "The Price of Negligence under Differing Liability Rules," Journal of Law and Economics, University of Chicago Press, vol. 29(1), pages 151-63, April.
  20. Theodore Eisenberg & Henry S. Farber, 1996. "The Litigious Plaintiff Hypothesis: Case Selection and Resolution," NBER Working Papers 5649, National Bureau of Economic Research, Inc.
  21. Daniel P. Kessler & Daniel L. Rubinfeld, 2004. "Empirical Study of the Civil Justice System," NBER Working Papers 10825, National Bureau of Economic Research, Inc.
  22. Michelle J. White, 2004. "Asbestos and the Future of Mass Torts," NBER Working Papers 10308, National Bureau of Economic Research, Inc.
  23. Johnston, Jason Scott & Waldfogel, Joel, 2002. "Does Repeat Play Elicit Cooperation? Evidence from Federal Civil Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 39-60, January.
  24. Michelle J. White, 2002. "Explaining the Flood of Asbestos Litigation: Consolidation, Bifurcation, and Bouquet Trials," NBER Working Papers 9362, National Bureau of Economic Research, Inc.
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Cited by:
  1. Eric Helland & Darius N. Lakdawalla & Anup Malani & Seth A. Seabury, 2014. "Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market," NBER Working Papers 20005, National Bureau of Economic Research, Inc.

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