James M Anderson, Maya Buenaventura, Amy Mahler and Nicholas M Pace, ‘Empirical Tort Law (and Theory) – An Essay in Honor of Deborah Hensler’, 17 Journal of Tort Law 97 (2024). In the age of artificial intelligence (and statistics before that), there is a great need for these frameworks’ constant companion – data. After centuries of common law tort actions, and millions of lawsuits filed, one might think that much would be known about these suits. Not so. As James Anderson and co-authors from the Rand Institute for Civil Justice write, ‘Remarkably, there is little recent empirical research in the United States that measures the extent and sources of compensation, benefits, and assistance that individuals may receive after they suffer personal harms’ (pp 97-98). Tort law counts among these empirically-neglected sources. Anderson and the current RAND crew set out to fill this information gap … (more)
[Ellen Bublick, JOTWELL, 2 September 2025]
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