A Gentle Introduction to Empirical Methods in Law
Professor Robert M. Lawless
University of Illinois
Overview: Empirical methods can seem daunting. Professor Lawless will stress that empirical techniques
are something any scholar can learn. Empiricism simply demands a systematic investigation of the world
as it is, with the key word being “systematic.” Empirical work can be anything from interviews to coding
cases to rigorous quantitative methods. Legal scholars need to move away from scholarship whose
principal contribution is elaborating the author’s normative position, often based on nothing more than
the author’s own hunches and biases about how the world works. Professor Lawless not only will talk
about the need for more empirical legal scholarship but also offer ideas about how to start doing
empirical legal scholarship of your own.
“Why Empirical Methods?”
Monday, November 7
Why should law become more of an empirical discipline? What are the implications for legal scholarship
when it becomes more empirically based, including the implications across borders? Attendees might
find it useful to read Thomas S. Ulen, “A Nobel Prize in Legal Science: Theory, Empirical Work, and the
Scientific Method in the Study of Law.”
“Empirical Methods: An Example.”
Tuesday, November 8
Professor Lawless will use his study about racial discrimination in the U.S. bankruptcy system as an
example of empirical methodology. He will discuss and demonstrate survey instruments, codebooks,
databases, and statistical tools that went into the creation of his paper. The idea will be to see how an
empirical project develops from an idea to a completed paper. Attendees might find it useful to
familiarize themselves with the paper Professor Lawless will use as his example: Jean Braucher, Dov
Cohen & Robert M. Lawless, “Race, Attorney Influence, and Bankruptcy Chapter Choice.”
Methodological Tools
Wednesday, November 9
Empirical methods is much more than linear regression. Tonight’s discussion will explore different
research methodologies such as surveys, archival data, and experiments. In addition, Professor Lawless
will talk about the collection and coding of data.
Statistical Tools
Thursday, November 10
After collecting data, the final step is to analyze the data. Concepts such as probability distributions and
hypothesis testing will be discussed along with an introduction to some basic statistical tools. Intuitive
understandings of these techniques will be stressed, and formal mathematics will be kept to a minimum.
-Robert M. Lawless
Professor of Law & Co-Director of the Illinois Program on Law, Behavior & Social Science
University of Illinois College of Law
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