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Bias in Choice of Law: New Empirical and Experimental Evidence

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  • Daniel Klerman

Abstract

Scholars have argued that modern American choice of law is subject to three biases: (1) a bias in favor of residents of the forum state (pro-resident bias), (2) a bias in favor of plaintiffs (pro-plaintiff bias), and (3) a bias in favor of the law of the forum (forum-law bias). This article brings new evidence about these biases from a comprehensive database of vehicular accident cases and from the first experiment related to choice of law. Overall, there is some evidence of a proresident bias in state (but not federal) court, some evidence of pro-plaintiff bias in both federal and state court, and no evidence of a forum-law bias.

Suggested Citation

  • Daniel Klerman, 2023. "Bias in Choice of Law: New Empirical and Experimental Evidence," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 179(1), pages 32-50.
    • Handle: RePEc:mhr:jinste:urn:doi:10.1628/jite-2023-0003
    DOI: 10.1628/jite-2023-0003
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    More about this item

    Keywords

    choiceoflaw; bias; diversity; rules; standards;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

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