- The Art, Craft, and Science of Policing
- Crime and Criminals
- Criminal Process and Prosecution
- The Crime-preventive Impact of Penal Sanctions
- Contracts and Corporations
- Financial Markets
- Consumer Protection
- Bankruptcy and Insolvency
- Regulating the Professions
- Personal Injury Litigation
- Claiming Behavior as Legal Mobilization
- Labor and Employment Laws
- Housing and Property
- Human Rights Instruments
- Social Security and Social Welfare
- Occupational Safety and Health
- Environmental Regulation
- Administrative Justice
- Access to Civil Justice
- Judicial Recruitment, Training and Careers
- Trial Courts and Adjudication
- Appellate Courts
- Dispute Resolution
- Lay Decision-Makers in the Legal Process
- Evidence Law
- Civil Procedure and Courts
- Collective Actions
- Law and Courts'Impact on Development and Democratization
- How Does Inter National Law Work?
- Lawyers and Other Legal Service Providers
- Legal Pluralism
- Public Images and Understandings of Courts
- Legal Education and the Legal Academy
Abstract and Keywords
This article assesses the state of empirical legal research and chronicles the field's history focusing on bankruptcy. This article begins with a discussion of what might have attracted bankruptcy scholars to extract an empirical vein in their scholarly work. It offers a short chronicle of the development of empirical bankruptcy scholarship from Justice Douglas to the current generation. Because of the relative paucity of such scholarship outside the U.S., this chronicle inevitably focuses on that country. It is divided into separate discussions of individual and corporate bankruptcy. It elaborates the substantial amount of empirical scholarship in bankruptcy as compared with other fields, the grounds on which academic debates play out offer significant explanatory factors. This article concludes with some discussion regarding empirical questions on which bankruptcy scholars might probably focus future attention.
Robert M. Lawless is Professor of Law at the University of Illinois College of Law.
Elizabeth Warren is Leo Gottlieb Professor of Law at Harvard Law School.
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