Empirical Legal Studies: Statisticians Wanted
Ron Wasserstein, ASA Executive Director
rates for plaintiffs before trial and at trial in Not surprisingly, the results of good data
different categories of employment law cases. analysis of legal issues often contradict con-
Eisenberg and Wells then collaborated on a ventional wisdom. For example, a study by
series of articles about neutral examinations of Eisenberg and others showed the commonly
how the death penalty operates. Their collab- held view that awards in class action suits
oration continues, with both serving as edi- had grown out of control was not true. In
tors of the Journal of Empirical Legal Studies fact, the study showed they had remained
(JELS) and founding members of the Society steady over the 10-year period of the study.
for Empirical Legal Studies (SELS). Wells Misunderstandings or misrepresentations of
is chair of statistical science and the Charles data regarding death penalty cases also have
Wells Eisenberg
A. Alexander professor of statistical sciences been pointed out by empirical legal stud-
at Cornell. ies scholars. It is widely believed that Texas
S
tatisticians who want to bring their skills Wells noted that “on the statistics side, this
sentences murder defendants to death at
to bear in ways likely to result in direct general area of collaboration builds on the
a higher rate than other states. In fact, the
societal benefit should consider empiri- pioneering work of researchers such as Morris
rate of death sentences per murder in Texas
cal legal studies, a field ripe with interesting H. DeGroot, Stephen E. Fienberg, Joseph B.
is about average.
questions and under-analyzed data, according Kadane, Joe L. Gatswirth, and Hans Zeisel.”
The Journal of Empirical Legal Studies was
to Theodore Eisenberg, Henry Allen Mark He added that “the necessary data analysis
started in 2004 by Eisenberg, Wells, and oth-
professor of law at Cornell University. methodologies are wide-ranging, at times
ers to “fill a gap in the legal and social science
Eisenberg, referred to by his law-school col- quite straightforward, but are often quite
literature that has often left scholars, lawyers,
leagues as “the grandfather of empirical legal advanced. Statistical models of the subtleties
and policymakers without basic knowledge
studies,” described the field as having three of the data-generating processes in the legal
of legal systems.” Though it is a new journal,
major branches: the use of scientific empiri- system can be complex, and there are still
JELS has already made a significant impact.
cal analysis by litigants to attempt to prevail plenty of methodological issues that need to
It is widely read and cited, not only in legal
in individual cases, the use of social scientific be resolved.”
circles, but in the mainstream media.
empirical analysis in individual cases, and the SELS involves not only attorneys and
A great way for statisticians to jump into
use of empirical methods to describe the legal statisticians, but also scholars in economics,
this field is by participating in the SELS
system’s operation. (See “Empirical Methods finance, political science, psychology, sociolo-
annual conference, which will take place
and the Law,” JASA, 95(450):665–669.) gy, criminology, health care, and others. “The
September 12–13, 2008, at the Cornell
Statisticians and lawyers are ideal collabora- majority of our members are not attorneys,”
Law School in Ithaca (see www.lawschool.
tors in these areas. “Lawyers aren’t trained in Eisenberg noted, because the field of empirical
cornell.edu/cels2008). The $60 registration fee
quantitative methods,” Eisenberg noted, “and legal studies encompasses work across a wide
includes a one-year subscription to JELS and
nonlawyers are rightly a bit nervous about range, including forensics, justice studies,
a one-year membership in the society.
delving into legal questions.” securities issues, health care, product liability,
“Opportunities for statisticians abound,”
Such collaboration launched this field of and more. He said the field is of great inter-
Eisenberg pointed out. Papers at the confer-
study. In 1991, Eisenberg partnered with ASA est to statisticians because the data typically
ence are refereed, and each paper has at least
Fellow and Cornell colleague Martin Wells involve questions of public interest and often
one discussant. Statistical discussants are
to research the relationship between success require advanced statistical methods.
needed. Volunteers are matched with suit-
able papers based on interest. Collaborators
also are needed. Statisticians can help shape
methodologies through their involvement
Award Offered for Dose-Response Research
with research. Eisenberg said plainly: “The
journal needs more involvement from
The Society for Risk Analysis (SRA) Dose-Response Specialty Group is
statisticians.” Wells pointed out that “in addi-
sponsoring a student award for graduate student research. The research may
tion to SELS, the ASA Committee on Law
be on any topic broadly related to dose-response assessment applied to risk
and Justice Statistics provides an important
interface with the legal, judicial, and criminal
assessment. In addition to the peer recognition of the student’s scientific
justice communities.”
accomplishment, the award includes a registration fee waiver to the SRA
To find out more about the confer-
annual meeting in December, an engraved plaque, and a $500 honorarium. All
ence, the journal, and the society, visit
student abstracts and application forms must be submitted by May 24. More
www.blackwellpublishing.com/society.
information about the award and how to apply is posted at
www.sra.org/drsg/
asp?ref=1740-1453&site=1. To inquire
DRSG_Student_Award_2008.pdf.
about the conference or the possibility of
serving as a discussant, send an email to
cels2008@cornell.edu. ■
24 AMSTAT NEWS MAY 2008
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