The Civil Justice Research Initiative continuously reviews research on the civil justice system. Links to research will be added periodically.

Erwin Chemerinsky
Closing the Courthouse Door: How the Supreme Court Has Made Your Rights Unenforceable (Yale University Press, 2017)

The Supreme Court’s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court’s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens’ constitutional rights.

National Conference of State Courts
The Landscape of Civil Justice Litigation in State Courts

The NCSC undertook a study entitled The Landscape of Civil Litigation in State Courts to document case characteristics and outcomes in civil cases disposed in state courts.

Administrative Office of the U.S. Courts
Judicial Business 2017
Sean Farhang
Rights and Retrenchment
Shauhin Talesh
How Dispute Resolution System Design Matters: An Organizational Analysis of Dispute Resolution Structures and Consumer Lemon Laws
Sara Sternberg Greene, Parina Patel and Katherine M. Porter
Cracking the Code: An Empirical Analysis of Consumer Bankruptcy Outcomes
Catherine Albiston and Rebecca L. Sandefur
Expanding the Empirical Study of Access to Justice
Deborah R. Hensler, Nicholas M. Pace, Bonita Dombey-Moore, Beth Giddens, Jennifer Gross, and Erik K. Moller
Class Action Dilemmas: Pursuing Public Goals for Private Gain
Deborah R. Hensler
Happy 50th Anniversary, Rule 23! Shouldn’t We Know You Better After All This Time?
Deborah R. Hensler
The Socio-Economies of Mass Torts: What We Know, Don’t Know and Should Know (in Research Handbook on the Economics of Torts, Jennifer Arlen ed., Cheltenham: Edward Elgar Publishing, 2013)
Deborah R. Hensler
Developing an Empirical Research Agenda on Access to Justice in Class and Mass Actions (in Accessing Justice: Appraising Class Actions Ten Years after Dutton, Hollick & Rumley, Jasminka Kalajdzic ed., Markham: LexisNexis Canada, 2011)
Catherine R. Albiston and Laura Beth Nielsen
The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney General
Catherine R. Albiston
Public Interest Law Organizations and the Two-Tiered System of Access to Justice in the United States
Roger Bernstein
Judicial Economy and Class Actions
Theodore Eisenberg and Geoffrey P. Miller
Attorney Fees and Expenses in Class Action Settlements: 1993-2008
Samuel Estreicher and Kristina Yost
Measuring the Value of Class and Collective Action Employment Settlements: A Preliminary Assessment
Brian T. Fitzpatrick
An Empirical Study of Class Action Settlements and Their Fee Awards
Brian T. Fitzpatrick and Robert C. Gilbert
An Empirical Look at Compensation in Consumer Class Actions
Marc Galanter
The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts
Bryant Garth, Ilene H. Nagel, and S. Jay Plager
The Institution of the Private Attorney General: Perspectives from an Empirical Study of Class Action Litigation
Valerie P. Hans and Stephanie Albertson
Empirical Research and Civil Jury Reform
Alexandra D. Lahav and Peter Siegelman
The Curious Incident of the Falling Win Rate
Thomas E. Willging, Laural L. Hooper, and Robert J. Niemic
An Empirical Analysis of Rule 23 to Address the Rulemaking Challenges
Rebecca L. Sandefur
The Impact of Counsel: An Analysis of Empirical Evidence
Rebecca L. Sandefur
Civil Legal Needs and Public Legal Understanding
Rebecca L. Sandefur
Money Isn’t Everything: Understanding Moderate Income Households’ Use of Lawyers’ Services, in Middle Income Access to Justice, edited by Anthony Duggan, Lorne Sossin and Michael Trebilcock