Details about Theodore Eisenberg

This author is deceased (2014-02-23).

Access statistics for papers by Theodore Eisenberg.

Last updated 2023-02-17. Update your information in the RePEc Author Service.

Short-id: pei1

Working Papers

2013

1. Litigation as a Measure of Well-Being
   IEL Working Papers, Institute of Public Policy and Public Choice - POLIS View citations (2)
2. Ranking Law Journals and the Limits of Journal Citation Reports
   IEL Working Papers, Institute of Public Policy and Public Choice - POLIS
   See also Journal Article RANKING LAW JOURNALS AND THE LIMITS OF JOURNAL CITATION REPORTS, Economic Inquiry, Western Economic Association International (2014) View citations (3) (2014)

2012

3. Assuring Adequate Deterrence in Tort: A Public Good Experiment
   Discussion Paper Series of the Max Planck Institute for Research on Collective Goods, Max Planck Institute for Research on Collective Goods

2011

4. The Effect of Rules Shifting Supreme Court Jurisdiction from Mandatory to Discretionary - An Empirical Lesson from Taiwan
   IEL Working Papers, Institute of Public Policy and Public Choice - POLIS View citations (1)
   See also Journal Article The effect of rules shifting supreme court jurisdiction from mandatory to discretionary—An empirical lesson from Taiwan, International Review of Law and Economics, Elsevier (2012) View citations (7) (2012)
5. Why do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates?
   Working Papers, Princeton University, Department of Economics, Industrial Relations Section.
   See also Journal Article Why Do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates?, American Law and Economics Review, American Law and Economics Association (2013) View citations (10) (2013)

1999

6. The Government As Litigant: Further Tests of the Case Selection Model
   Working Papers, Princeton University, Department of Economics, Industrial Relations Section.
   Also in NBER Working Papers, National Bureau of Economic Research, Inc (1999) View citations (3)
   See also Journal Article The Government as Litigant: Further Tests of the Case Selection Model, American Law and Economics Review, American Law and Economics Association (2003) View citations (7) (2003)

1996

7. The Litigious Plaintiff Hypothesis: Case Selection and Resolution
   Working Papers, Princeton University, Department of Economics, Industrial Relations Section. View citations (6)
   Also in NBER Working Papers, National Bureau of Economic Research, Inc (1996) View citations (22)

Undated

8. Was Arthur Andersen Different?: An Empirical Examination of Major Accounting Firms' Audits of Large Clients
   Cornell Law School Working Papers, Cornell Law School View citations (12)
   See also Journal Article Was Arthur Andersen Different? An Empirical Examination of Major Accounting Firm Audits of Large Clients, Journal of Empirical Legal Studies, John Wiley & Sons (2004) View citations (12) (2004)

Journal Articles

2016

1. He Paid, She Paid: Exploiting Israeli Courts' Rulings on Litigation Costs to Explore Gender Biases
   Journal of Empirical Legal Studies, 2016, 13, (3), 536-561 View citations (1)
2. Unpacking Negligence Liability: Experimentally Testing the Governance Effect
   Journal of Empirical Legal Studies, 2016, 13, (1), 116-152 View citations (5)

2015

3. Addressing the Zeros Problem: Regression Models for Outcomes with a Large Proportion of Zeros, with an Application to Trial Outcomes
   Journal of Empirical Legal Studies, 2015, 12, (1), 161-186 View citations (7)
4. Damages Versus Specific Performance: Lessons from Commercial Contracts
   Journal of Empirical Legal Studies, 2015, 12, (1), 29-69
5. Four Decades of Federal Civil Rights Litigation
   Journal of Empirical Legal Studies, 2015, 12, (1), 4-28 View citations (2)
6. Pain and Suffering Damages in Wrongful Death Cases: An Empirical Study
   Journal of Empirical Legal Studies, 2015, 12, (1), 128-160 View citations (1)
7. Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal
   Journal of Empirical Legal Studies, 2015, 12, (1), 100-127 View citations (7)
8. The Death Penalty: Should the Judge or the Jury Decide Who Dies?
   Journal of Empirical Legal Studies, 2015, 12, (1), 70-99

2014

9. Assuring Civil Damages Adequately Deter: A Public Good Experiment
   Journal of Empirical Legal Studies, 2014, 11, (2), 301-349 View citations (8)
10. RANKING LAW JOURNALS AND THE LIMITS OF JOURNAL CITATION REPORTS
    Economic Inquiry, 2014, 52, (4), 1301-1314 View citations (3)
    See also Working Paper Ranking Law Journals and the Limits of Journal Citation Reports, IEL Working Papers (2013) (2013)

2013

11. Why Do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates?
    American Law and Economics Review, 2013, 15, (1), 73-109 View citations (10)
    See also Working Paper Why do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates?, Working Papers (2011) (2011)

2012

12. Does the Judge Matter? Exploiting Random Assignment on a Court of Last Resort to Assess Judge and Case Selection Effects
    Journal of Empirical Legal Studies, 2012, 9, (2), 246-290 View citations (3)
13. Methodological Issues in the Analysis of Longitudinal Data
    Journal of Institutional and Theoretical Economics (JITE), 2012, 168, (1), 54-57 View citations (1)
    Also in Journal of Institutional and Theoretical Economics (JITE), 2012, 168, (1), 54-57 (2012) View citations (1)
14. The effect of rules shifting supreme court jurisdiction from mandatory to discretionary—An empirical lesson from Taiwan
    International Review of Law and Economics, 2012, 32, (1), 3-18 View citations (7)
    See also Working Paper The Effect of Rules Shifting Supreme Court Jurisdiction from Mandatory to Discretionary - An Empirical Lesson from Taiwan, IEL Working Papers (2011) View citations (1) (2011)

2011

15. Judge‐Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?
    Journal of Empirical Legal Studies, 2011, 8, (2), 325-357 View citations (1)

2010

16. Attorney Fees and Expenses in Class Action Settlements: 1993–2008
    Journal of Empirical Legal Studies, 2010, 7, (2), 248-281 View citations (6)
17. Punitive Damages in Securities Arbitration: An Empirical Study
    The Journal of Legal Studies, 2010, 39, (2), 497 - 546 View citations (3)
18. Variability in Punitive Damages: Empirically Assessing Exxon Shipping Co. v. Baker
    Journal of Institutional and Theoretical Economics (JITE), 2010, 166, (1), 5-26 View citations (3)

2009

19. Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal
    The Journal of Legal Studies, 2009, 38, (1), 121-155 View citations (8)
20. U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business
    Journal of Empirical Legal Studies, 2009, 6, (4), 969-1002 View citations (4)
21. What is the Settlement Rate and Why Should We Care?
    Journal of Empirical Legal Studies, 2009, 6, (1), 111-146 View citations (23)

2008

22. 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, 2008, 5, (3), 507-550

2007

23. Do Juries Add Value? Evidence from an Empirical Study of Jury Trial Waiver Clauses in Large Corporate Contracts
    Journal of Empirical Legal Studies, 2007, 4, (3), 539-588 View citations (5)
24. Evidence of the Need for Aggregate Litigation. Comment
    Journal of Institutional and Theoretical Economics (JITE), 2007, 163, (1), 158-162 View citations (2)
25. Foreword
    Journal of Empirical Legal Studies, 2007, 4, (1), 1-1
    Also in Journal of Empirical Legal Studies, 2007, 4, (4), v-v (2007)
26. Xenophilia or Xenophobia in U.S. Courts? Before and After 9/11
    Journal of Empirical Legal Studies, 2007, 4, (2), 441-464 View citations (1)

2006

27. 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, 2006, 3, (2), 263-295 View citations (1)
28. The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer
    Journal of Empirical Legal Studies, 2006, 3, (1), 175-195 View citations (7)

2005

29. Judge‐Jury Agreement in Criminal Cases: A Partial Replication of Kalven and Zeisel's The American Jury
    Journal of Empirical Legal Studies, 2005, 2, (1), 171-207 View citations (1)
30. Overlooked in the Tort Reform Debate: The Growth of Erroneous Removal
    Journal of Empirical Legal Studies, 2005, 2, (3), 551-576
31. The Fate of Firms: Explaining Mergers and Bankruptcies
    Journal of Empirical Legal Studies, 2005, 2, (1), 49-85 View citations (1)

2004

32. Appeal Rates and Outcomes in Tried and Nontried Cases: Further Exploration of Anti‐Plaintiff Appellate Outcomes
    Journal of Empirical Legal Studies, 2004, 1, (3), 659-688 View citations (4)
33. Attorney Fees in Class Action Settlements: An Empirical Study
    Journal of Empirical Legal Studies, 2004, 1, (1), 27-78 View citations (13)
34. Editor's Introduction
    Journal of Empirical Legal Studies, 2004, 1, (1), v-vi
35. Explaining Death Row's Population and Racial Composition
    Journal of Empirical Legal Studies, 2004, 1, (1), 165-207
36. On the Design of Efficient Priority Rules for Secured Creditors: Empirical Evidence from A Change in Law
    European Journal of Law and Economics, 2004, 18, (3), 273-297 View citations (6)
37. Was Arthur Andersen Different? An Empirical Examination of Major Accounting Firm Audits of Large Clients
    Journal of Empirical Legal Studies, 2004, 1, (2), 263-300 View citations (12)
    See also Working Paper Was Arthur Andersen Different?: An Empirical Examination of Major Accounting Firms' Audits of Large Clients, Cornell Law School Working Papers View citations (12)

2003

38. The Government as Litigant: Further Tests of the Case Selection Model
    American Law and Economics Review, 2003, 5, (1), 94-133 View citations (7)
    See also Working Paper The Government As Litigant: Further Tests of the Case Selection Model, Working Papers (1999) (1999)

2002

39. Secured debt and the likelihood of reorganization
    International Review of Law and Economics, 2002, 21, (4), 359-372 View citations (31)

2001

40. Forecasting Life and Death: Juror Race, Religion, and Attitude toward the Death Penalty
    The Journal of Legal Studies, 2001, 30, (2), 277-311 View citations (3)

2000

41. Inbreeding in Law School Hiring: Assessing the Performance of Faculty Hired from Within
    The Journal of Legal Studies, 2000, 29, (1), 369-88 View citations (23)

1999

42. An Important Portrait of Affirmative Action [Review Article]
    American Law and Economics Review, 1999, 1, (1-2), 471-80

1998

43. Larger board size and decreasing firm value in small firms
    Journal of Financial Economics, 1998, 48, (1), 35-54 View citations (153)
44. Ranking and Explaining the Scholarly Impact of Law Schools
    The Journal of Legal Studies, 1998, 27, (2), 373-413 View citations (6)

1997

45. The Predictability of Punitive Damages
    The Journal of Legal Studies, 1997, 26, (2), 623-61 View citations (17)

1995

46. Politics and the Judiciary: The Influence of Judicial Background on Case Outcomes
    The Journal of Legal Studies, 1995, 24, (2), 257-81 View citations (54)

1994

47. Should We Abolish Chapter 11? The Evidence from Japan
    The Journal of Legal Studies, 1994, 23, (1), 111-57 View citations (17)

1991

48. The Relationship between Plaintiff Success Rates before Trial and at Trial
    Journal of the Royal Statistical Society Series A, 1991, 154, (1), 111-116 View citations (7)

1990

49. Testing the Selection Effect: A New Theoretical Framework with Empirical Tests
    The Journal of Legal Studies, 1990, 19, (2), 337-58 View citations (23)

Edited books

2016

1. Comparative Law and Economics
   Books, Edward Elgar Publishing View citations (2)

Chapters

2013

1. The empirical effects of tort reform
   Chapter 20 in Research Handbook on the Economics of Torts, 2013, pp 513-550