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Eisenberg, Theodore
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Positions
- Professor, Cornell Law School, Cornell University
- Academic Director, Cornell Law School, Cornell University
- Adjunct Professor, Statistical Science (STSCI), College of Agriculture and Life Sciences (CALS)
Theodore Eisenberg has emerged in recent years as one of the foremost authorities on the use of empirical analysis in legal scholarship. After his graduation from University of Pennsylvania Law School, Eisenberg clerked for both the District of Columbia Circuit of the U.S. Court of Appeals, and Chief Justice Earl Warren of the U.S. Supreme Court. After three years in private practice, Professor Eisenberg began teaching at UCLA. A groundbreaking scholar in the areas of bankruptcy, civil rights, and the death penalty, Eisenberg has used innovative statistical methodology to shed light on such diverse subjects as punitive damages, victim impact evidence, capital juries, bias for and against litigants, and chances of success on appeal. He is the founder of the Journal of Empirical legal Studies and a Fellow of the American Academy of Arts and Sciences. He currently teaches bankruptcy and debtor-creditor law, constitutional law, and federal income taxation.
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Affiliations
other Cornell affiliations
member of
- David R. Atkinson Center for a Sustainable Future (ACSF) Faculty Fellow
Research
Publications
individual publications
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academic article
- Attorneys' Fees and Expenses in Class Action Settlements: 1993-2008. Journal of Empirical Legal Studies. 7:248. 2010
- Punitive Damages in Securities Arbitration: An Empirical Study. Journal of Legal Studies. 39:497. 2010
- The Decision to Award Punitive Damages: An Empirical Study. Journal of Legal Analysis. 2:577. 2010
- The Need for a National Civil Justice Survey of Incidence and Claiming Behavior. Fordham Urban Law Journal. 37:17. 2010
- Variability in Punitive Damages: Empirically Assessing Exxon Shipping Co v. Baker. Journal of Institutional and Theoretical Economics. 166:5. 2010
- A New Look at Judicial Impact: Attorneys’ Fees in Securities Class Actions After Goldberger v. Integrated Resources, Inc.. Washington University Journal of Law and Policy. 29:5. 2009
- Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal. Journal of Legal Studies. 38:121. 2009
- Reversal, Dissent, and Variability in State Supreme Courts: The Centrality of Jurisdictional Source. Boston University Law Review. 89:1451. 2009
- Statins, Cholesterol, Women and Primary Prevention: Evidence-Based Medicine or Wishful Thinking?. Future Cardiology. 5:1. 2009
- Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes. Cornell Law Review. 94:1353. 2009
- The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies’ Contracts. Cardozo Law Review. 30:1475. 2009
- The Market for Contracts. Cardozo Law Review. 30:2073. 2009
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U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business.
Journal of Empirical Legal Studies.
6:969
. 2009 - What Is the Settlement Rate and Why Should We Care?. Journal of Empirical Legal Studies. 6:111. 2009
- Mandatory Arbitration for Customers But Not for Peers: A Study of Arbitration Clauses in Consumer and Non-Consumer Contracts. Judicature. 92:118. 2008
- Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts. University of Michigan Journal of Law Reform. 41:871. 2008
- CAFA Judicata: A Tale of Waste and Politics. University of Pennsylvania Law Review. 156:1553. 2008
- Statins and Adverse Cardiovascular Events in Moderate Risk Females: A Statistical and Legal Analysis with Implications for FDA Preemption Claims. Journal of Empirical Legal Studies. 5:507. 2008
- Foreigners' Fate in America's Courts: Empirical Legal Research. Academia Sinica Law Journal. 237. 2007
- Comment, Evidence of the Need for Aggregate Litigation. Journal of Institutional and Theoretical Economics. 163:158. 2007
- Do Juries Add Value?: Evidence from an Empirical Study of Jury Trial Waiver Clauses in Large Corporate Contracts. Journal of Empirical Legal Studies. 4:539. 2007
- The Flight from Arbitration: An Empirical Study of Ex Ante Arbitration Clauses in Publicly-Held Companies' Contracts. DePaul Law Review. 56:335. 2007
- Xenophilia or Xenophobia in American Courts? Before and After 9/11. Journal of Empirical Legal Studies. 4:441. 2007
- Assessing the SSRN-Based Law School Rankings. Indiana Law Review. 81:285. 2006
- Ex Ante Choices of Law and Forum: An Empirical Analysis of Corporate Merger Agreements. Vanderbilt Law Review. 59:1975. 2006
- Incentive Awards to Class Action Plaintiffs: An Empirical Study. UCLA Law Review. 53:1303. 2006
- Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data. Journal of Empirical Legal Studies. 3:263-295. 2006
- The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer. Journal of Empirical Legal Studies. 3:169. 2006
- Use It or Pretenders Will Abuse It: The Importance of Archival Legal Information. University of Missouri-Kansas City Law Review. 75:1. 2006
- Death Sentence Rates and County Demographics: An Empirical Study. Cornell Law Review. 90:347. 2005
- Expert Testimony in Capital Sentencing: Juror Responses. Journal of the American Academy of Psychiatry and the Law. 33:509. 2005
- Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kelven & Zeisel's The American Jury. Journal of Empirical Legal Studies. 2:171-206. 2005
- Overlooked in the Tort Reform Debate: The Growth of Erroneous Removal. Journal of Empirical Legal Studies. 2:551. 2005
- The Fate of Firms: Explaining Mergers and Bankruptcies. Journal of Empirical Legal Studies. 2:49. 2005
- Appeal Rates and Outcomes in Tried and Non-Tried Cases. Journal of Empirical Legal Studies. 1:659. 2004
- Attorney Fees in Class Action Settlements: An Empirical Study. Journal of Empirical Legal Studies. 1:27. 2004
- Explaining Death Row’s Population and Racial Composition. Journal of Empirical Legal Studies. 1:165. 2004
- How Employment-Discrimination Plaintiffs Fare in Federal Courts of Appeals. Employee Rights & Employment Policy Journal. 7:547-567. 2004
- Implicit Attitudes of Death Penalty Lawyers. DePaul Law Review. 53:1539. 2004
- On the Design of Efficient Priority Rules for Secured Creditors: Empirical Evidence from A Change in Law. European Journal of Law and Economics. 18:273. 2004
- The Merciful Capital Juror. Ohio State Journal of Criminal Law. 2:165. 2004
- The Role of Opt-Outs and Objectors in Class Action Litigation: Theoretical and Empirical Issues. Vanderbilt Law Review. 57:1529. 2004
- Was Arthur Andersen Different?: An Empirical Examination of Major Accounting Firms’ Audits of Large Clients. Journal of Empirical Legal Studies. 1:263. 2004
- Why Do Empirical Legal Scholarship?. San Diego Law Review. 41:1741. 2004
- Employment Arbitration and Litigation. Dispute Resolution Journal. 58:44-45. 2003
- The Government as Litigant: Further Tests of the Case Selection Model. American Law and Economics Review. 5:94-133. 2003
- The Reliability of the Administrative Office of the U.S. Courts Database: An Initial Empirical Analysis. Notre Dame Law Review. 78:1455-1496. 2003
- Victim Impact Evidence in South Carolina Capital Cases. Cornell Law Review. 88:306. 2003
- Judge Harry Edwards: A Case in Point!. Washington University Law Quarterly. 80:1275. 2002
- Juries, Judges, and Punitive Damages: An Empirical Study. Cornell Law Review. 87:743-782. 2002
- Litigation Realities. Cornell Law Review. 88:119-154. 2002
- Plaintiphobia in the Appellate Courts: Civil Rights Really Do Differ from Negotiable Instruments. Illinois Law Review. 947. 2002
- Reconciling Experimental Incoherence with Real-World Coherence in Punitive Damages. Stanford Law Review. 54:1239. 2002
- Secured Debt and the Likelihood of Reorganization. International Review of Law and Economics. 21:359-372. 2002
- Trial Outcomes and Demographics: Is There A Bronx Effect?. Texas Law Review. 80:1839-1875. 2002
- Appeal from Jury or Judge Trial: Defendants’ Advantage. American Law and Economics Review. 3:125. 2001
- Damage Awards in Perspective: Behind the Headline-Grabbing Awards in Exxon Valdez and Engle. Wake Forest Law Review. 36:1129. 2001
- Forecasting Life and Death: Juror Race, Religion, and Attitude Toward the Death Penalty. Journal of Legal Studies. 30:277-311. 2001
- The Deadly Paradox of Capital Jurors. Southern California Law Review. 74:371. 2001
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chapter
- The Relation Between Punitive and Compensatory Awards: Combining Extreme Data With the Mass of Awards. Civil Juries and Civil Justice : Psychological and Legal. 105. 2008
- Victim Characteristics and Victim Impact Evidence in South Carolina Capital Cases. Wounds That Do Not Bind: Victim-Based Perspectives on the Death Penalty. 297-321. 2006
- Lessons from the Capital Jury Project. Beyond Repair? America's Death Penalty. Duke University Press. 144. 2003
- Empirical Methods and the Law. Statistics for the 21st Century. 2001
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conference paper
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Teaching
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current professional activities
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- Henry Allen Mark Professor of Law in Cornell Law School.
Background
education and training
- J.D., University of Pennsylvania 1972
- B.A., Swarthmore College 1969