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Empirical Analysis of Legal Theory: In Honor of Theodore Eisenberg

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  • Geoffrey P. Miller

Abstract

This paper explores the potential of using empirical data to illuminate long-standing issues in legal theory. Sophisticated parties often include dispute-resolution clauses in major contracts. Because these terms are agreed to ex ante, they may represent the parties' mutual best judgment about efficient mechanisms for dispute resolution. Empirical data can thus provide useful information pertinent to a number of ongoing theoretical debates. This paper discusses the concept of the empirical analysis of legal theory and describes results of a series of articles on this topic coauthored with the late Professor Theodore Eisenberg.

Suggested Citation

  • Geoffrey P. Miller, 2015. "Empirical Analysis of Legal Theory: In Honor of Theodore Eisenberg," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 6-18, March.
  • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(201503)171:1_16:eaolti_2.0.tx_2-q
    DOI: 10.1628/093245613X14204441572650
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    References listed on IDEAS

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    1. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-1097, September.
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    Cited by:

    1. Christoph Engel & Urs Schweizer, 2015. "Does the Law Deliver? 32nd International Seminar on the New Institutional Economics June 11-14, 2014, Regensburg, Germany," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 1-5, March.
    2. Gerhard Wagner, 2015. "Empirical Analysis of Legal Theory: In Honor of Theodore Eisenberg," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 19-26, March.

    More about this item

    JEL classification:

    • A2 - General Economics and Teaching - - Economic Education and Teaching of Economics
    • B4 - Schools of Economic Thought and Methodology - - Economic Methodology
    • C1 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General

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