Prepared by Mirya Holman Duke University Law Library Empirical Research Support A (Brief)...
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Prepared by Mirya HolmanDuke University Law LibraryEmpirical Research Support
A (Brief) Introduction to Empirical Legal Scholarship
What is Empirical Legal Scholarship?Empirical: derived from experiment and
observation rather than theoryLegal: of or pertaining to law; connected with
the law or its administrationScholarship: learning; knowledge acquired by
study; the academic attainments of a scholar
Empirical Legal Scholarship: Learning, knowledge, or studies that use experimentation or observation – rather than theory – to comment on the law or its administration.
Why Do Empirical Legal Scholarship?Relatively new field:
Lots of opportunities to get publishedSignificant gaps in the literature
Exciting avenues for researchIt is fun!Collaboration and co-authorship
opportunities abound
Elements of Empirical ResearchQualitative DataQuantitative DataStatistical AnalysisData Collection
Qualitative Data Qualitative data is distinguished by being a set of
unordered categoriesQualitative variables differ in quality, not quantity or
magnitudeExamples include race, sex, political party, type of law firm
Qualitative data is often collected through observation, interviews, participation, or analysis of archival documents
Qualitative research “provides often an unparalleled understanding of the motivations behind human behavior, desires and needs” (From the Association for Qualitative Research)
Quantitative DataQuantitative (or interval) data varies in
magnitude.Each possible value of a quantitative variable is
greater than or smaller than any other possible value.
Example include years of education, income, length of time in court, amount of settlement
Quantitative research is the systematic investigation of a wide variety of properties, their individual characteristics, and relationships.
Quantitative research involves either measuring data, or using someone else’s measurement of data
Statistical AnalysisWhat are statistics?
Statistics are information about a subject expressed in numerical form
Basic statistical information can includes the mean (or the average), the variance (the mathematical dispersion of a dataset), the range (the distance from the minimum to the maximum), and more.
Advanced statistical information can include coefficients and standard errors from regression models, correlation statistics, fixed effects from time series models, and more.
Statistical Analysis, cont.Statistical analysis often involves the use of
a statistical software package. These include: SPSSSASSTATAR
These packages vary in capacity, in interface, and in cost.
The Duke Law Empirical Research Support Program provides support for STATA.
Data CollectionCollection and use of data is very important
in empirical research. A good dataset (or a collection of related
data) can produce a wide variety of scholarship.
For example: D-NOMINATE scores are a numerical representation of ideology in Congress, compiled and created by Kenneth Poole and Howard Rosenthal
These scores have been used in over 100 articles and many books.
Empirical Legal Scholarship At DukeDuke University Law School has started an
Empirical Research Support program to assist those interested in Empirical Legal Scholarship
Contact Mirya Holman at 919 613 7041or [email protected] or Lauren Collins for more information.
www.law.duke.edu/lib/facultyservices/empirical has information on: Empirical Legal ScholarshipStatistics trainingLinks to data sourcesComputer program training and support
General Resources for Empirical Legal Scholarship
The Society for Empirical Legal Studies publishes:The Journal of Empirical Legal StudiesThe ELS Blog: www.elsblog.org
UCLA’s Empirical Research Group provides access to an ELS bibliography, datasets, and general information. www.law.ucla.edu/home/index.asp?page=840
The Center for Empirical Legal Research in the Law at Washington University Lawcerl.wustl.edu/index.php
Steps to a good ELS paper1. Start with a good research question!2. Look for existing datasets
It is very frustrating to spend hours or days collecting or assembling data, only to find out that it is available somewhere
3. If you cannot run the statistics, ask someone to helpPoorly done quantitative analysis, like any other analysis, is
not worth doing4. Be aware of other disciplines
Many other social science disciplines have been doing empirical research decades; be sure to look outside the law for relevant literature. Also, the Social Science Research Institute at Duke can provide direct support, while Political Science, Public Policy, Economics, and other schools have professors that actively engage in this research.
5. Get lots of feedback6. Send it out!