A new paper on SSRN gives a good introduction to empirical work on civil litigation: Kevin M. Clermont, Litigation Realities Redux (May 10, 2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1112274. Here's the abstract:
Both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the author stresses the needs for and benefits from understanding and using empirical methods in the study of the adjudicatory system's operation.
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