Legal Definitions - empirical legal studies

Empirical Legal Studies (ELS) refers to a field of academic research where legal scholars use methods from the social sciences to investigate legal questions. Instead of solely analyzing legal texts or theories, ELS researchers collect and analyze data—often quantitative, but sometimes qualitative—to understand how laws operate in practice, their actual effects on individuals and society, and the behavior of legal actors like judges, lawyers, or litigants.

• A study analyzing the effectiveness of "three strikes" laws: Researchers might collect data on crime rates and recidivism in jurisdictions that have implemented "three strikes" sentencing policies, comparing them to similar jurisdictions without such laws. They would use statistical analysis to determine if these laws actually lead to a measurable reduction in repeat offenses or if they have other unintended consequences, such as increasing prison populations without a corresponding decrease in crime. This is an ELS study because it uses empirical data (crime rates, recidivism statistics) and social science methods (statistical comparison) to evaluate the real-world impact of a specific legal policy.

• Research examining the factors influencing judicial decisions in patent cases: An ELS project might involve collecting data on thousands of patent infringement lawsuits, including details about the judges presiding over them (e.g., their educational background, prior professional experience, appointment by which political party) and the outcomes of the cases. By applying statistical models, the researchers could identify whether certain judicial characteristics correlate with a higher likelihood of ruling for the patent holder versus the alleged infringer. This exemplifies ELS because it uses systematic data collection and statistical analysis to understand patterns and influences within the legal system, rather than just interpreting patent law statutes.

• An investigation into public understanding and compliance with new data privacy regulations: Scholars might conduct surveys or focus groups with consumers and businesses to gauge their awareness of new privacy laws (like GDPR or CCPA), their understanding of their rights and obligations, and their actual practices regarding data sharing and protection. They could then analyze this qualitative and quantitative data to assess the practical effectiveness of the regulations in achieving their intended goal of protecting privacy. This is an ELS approach because it uses social science methods (surveys, qualitative data analysis) to measure the real-world impact and public reception of a legal framework.