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Litigation-driven studies

Legal Affairs recently hosted a debate between Michael L. Martinez of Crowell & Moring and Jay P. Kesan of the University of Illinois on the question of how courts should treat "litigation-driven scholarship", that is to say, studies and research projects that may have been undertaken with a mind to influencing legal outcomes. Prof. Childs takes note of a "curious" aspect of the debate's introduction, namely its premise that only research commissioned by defendants is potentially problematic in this way. He writes: "My work (see the current article on SSRN) suggests that, while defense-funded studies are not unheard of, most such research is performed on behalf of plaintiffs' counsel." Peter Nordberg also comments, here and here.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.