Bias in Choice of Law: New Empirical and Experimental Evidence

Daniel Klerman

Journal of Institutional and Theoretical Economics (JITE), 2023, vol. 179, issue 1, 32-50

Abstract: Scholars have argued that modern American choice of law is subject to three biases: (1) a bias in favor of residents of the forum state (pro-resident bias), (2) a bias in favor of plaintiffs (pro-plaintiff bias), and (3) a bias in favor of the law of the forum (forum-law bias). This article brings new evidence about these biases from a comprehensive database of vehicular accident cases and from the first experiment related to choice of law. Overall, there is some evidence of a proresident bias in state (but not federal) court, some evidence of pro-plaintiff bias in both federal and state court, and no evidence of a forum-law bias.

Keywords: choiceoflaw; bias; diversity; rules; standards (search for similar items in EconPapers)
JEL-codes: K10 K40 K41 K49 (search for similar items in EconPapers)
Date: 2023
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DOI: 10.1628/jite-2023-0003

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