Empirical, particularly quantitative empirical, scholarship is all the rage these days in law schools. (By the way, as a quantitative legal empiricist,that makes me really nervous. If there's one constant in legal academia, it's that things go in and out of style as fast in law schools as they do in Milan fashion shows.)
One thing that has been bothering me lately about this next phase, new wave, dance craze aspect of legal scholarship is the use of appellate cases as datapoints. It's tempting to think that one can code appellate decisions or judicial opinions pursuant to some...
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