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Empirical Methods in Legal Research – Quantitative case law analysis

Monday 26 October 2020

In the next session, Empirical Methods in Legal Research, Jaap Baaij will talk about quantitative case law analysis broadly speaking, i.e., of judicial decisions and decisions in extrajudicial dispute resolution such as arbitration and mediation.

Both public and private dispute settlers tend to rely upon legal rules, norms, or principles in their decisions. Traditional lawyers believe that this is sufficient to predict how future disputes will (and should) be settled in similar cases. Skeptical lawyers, however, find that not only legal rules but also other non-legal factors can influence the dispute settlement. Quantitative research of case law can be useful to investigate such factors

Baaij will talk about his three research projects to illustrate the merits of quantitative case law analysis. He will talk about (1) how the European Court of Justice deals with differences between the 24 language versions of EU legislation; (2) how arbitrators approach damages in contractual disputes, and (3) the growing juridification of non-binding dispute resolution in the Organisation for Economic Co-operation and Development for wrongful corporate conduct.

This session is open to all researchers at Leiden Law School. The working language of this session is English. Please register with Aleydis Nissen by 22 October (a.m.h.nissen@law.leidenuniv.nl). She will send you an email confirmation with the link needed to access the session.

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