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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
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.