ABSTRACT

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 U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the U.S., 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.

chapter |3 pages

Introduction

ByYun-chien Chang

part |17 pages

Africa

chapter 1|16 pages

Why was the democratic transition in South Africa viable?

ByRobert P. Inman, Daniel L. Rubinfeld

part |104 pages

North America

chapter 2|41 pages

Reality check

How malpractice facts changed malpractice liability theory
ByJennifer Arlen

chapter 3|29 pages

How do we decide how long to incarcerate?

ByDavid S. Abrams

chapter 4|33 pages

Does appellate precedent matter?

Stock price responses to appellate court decisions on FCC actions
ByDaniel L. Chen, Susan Yeh, Alberto G. Araiza

part |19 pages

South America

chapter 5|18 pages

Do police reduce crime?

A reexamination of a natural experiment
ByJohn J. Donohue, Daniel E. Ho, Patrick Leahy

part |15 pages

Asia

chapter 6|14 pages

To tear down or not to tear down?

An empirical study of boundary encroachment cases in Taiwan
ByYun-chien Chang

part |57 pages

Israel

chapter 8|35 pages

Case selection and dissent in courts of last resort

An empirical study of the Israel Supreme Court
ByTheodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

part |39 pages

Global

chapter 9|38 pages

Determinants of constitutionally safeguarded judicial review

Insights based on a new indicator1
ByJerg Gutmann, Bernd Hayo, Stefan Voigt