Private Law Theory

In an effort to peer into judicial decisionmaking more generally, a recent paper by Dan Klerman (USC), ‘Bias in Choice of Law: New Empirical and Experimental Evidence’, levers both observational and experimental data drawn from the vehicle accident context to examine choice of law disputes. The paper considers three leading sources of choice of law bias: pro-resident, pro-plaintiff, and forum law. The findings intrigue and complicate prevailing conventional wisdoms … (more)

[Michael Heise, Empirical Legal Studies, 10 September 2022]