BIBLIOGRAPHY OF PUBLICATIONS AND PAPERS
OF THE CIVIL LITIGATION RESEARCH PROJECT

Prepared by

Herbert M. Kritzer

 

BOOKS AND MONOGRAPHS

David M. Trubek, Joel B. Grossman, William L.F. Felstiner, Herbert M. Kritzer, and Austin Sarat, Civil Litigation Research Project Final Report (Madison, Wisconsin: University of Wisconsin Law School, 1983) [Reprinted, with new third volume, March, 1987].

Herbert M. Kritzer, The Justice Broker: Lawyers and Ordinary Litigation (New York: Oxford University Press, 1990).

Herbert M. Kritzer, Let's Make a Deal: Understanding the Negotiation Process in Ordinary Litigation (Madison: University of Wisconsin Press, 1991).



BOOK CHAPTERS & PUBLISHED CONFERENCE PROCEEDINGS

Joel B. Grossman, "The Pace of Court Activity," pp. 57-67 in Jane W. Adler, William L. F. Felstiner, Deborah R. Hensler, and Mark A. Peterson (eds.), The Pace of Litigation: Conference Proceedings (Santa Monica: The Rand Corporation, 1982).

Herbert M. Kritzer, "The Pace of Arbitration in Cases Processed by the American Arbitration Association," pp. 114-123 in Jane W. Adler, William L. F. Felstiner, Deborah R. Hensler, and Mark A. Peterson (eds.), The Pace of Litigation: Conference Proceedings (Santa Monica: The Rand Corporation, 1982).

Herbert M. Kritzer, "The Civil Litigation Research Project: Lessons for Studying the Civil Justice System," In Alan Gelfand (ed.), Proceedings of the Second Workshop on Law and Justice Statistics 1983 (Washington: U.S. Department of Justice, Bureau of Justice Statistics, 1984), pp. 30-36.

Herbert M. Kritzer, Austin Sarat, David M. Trubek, and William L.F. Felstiner, "Winners and Losers in Litigation: Does Anyone Come Out Ahead?" pp. 516-524 in Sheldon Goldman and Austin Sarat (eds.), American Court Systems (Second Edition) (New York: Longman, 1988).



JOURNAL ARTICLES

Dan Coates and Steven Penrod, "Social Psychology and The Emergence of Disputes," Law & Society Review 15 (1980-81), pp. 655-680.

William L.F. Felstiner, Richard L. Abel, and Austin Sarat, "The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .", Law & Society Review 15 (1980-81), pp. 631-654.

Frank M. Gollop and Jeffrey Marquardt, "A Microeconomic Model of Household Choice: The Household as a Disputant," Law & Society Review 15 (1980-81), pp. 611-630.

Joel B. Grossman, Herbert M. Kritzer, Kristin Bumiller, and Stephen McDougal, "Measuring the Pace of Litigation in Federal and State Trial Courts," Judicature 65 (August 1981), pp. 86-113.

Joel B. Grossman, Herbert M. Kritzer, Kristin Bumiller, Austin Sarat, Stephen McDougal, and Richard E. Miller, "Dimensions of Institutional Participation: Who Uses the Courts and How?" Journal of Politics 44 (February 1982), pp. 86-114.

Earl Johnson, Jr., "Lawyers' Choice: A Theoretical Appraisal of Litigation Investment Decisions," Law & Society Review 15 (1980-81), pp. 567-610.

Herbert M. Kritzer, "Methods for Studying Disputes: Learning from the CLRP Experience," Law & Society Review 15 (1980-81), pp. 503-524.

Herbert M. Kritzer, "Court Reform Through Role Reform: The Role of the Judge as an Instrument of Reform," Policy Studies Journal 10 (June 1982), pp. 701-711.

Herbert M. Kritzer, "The Judge's Role in Pretrial Case Processing: Assessing The Need for Change," Judicature 66 (June-July 1982), pp. 28-38.

Herbert M. Kritzer, "Adjudication to Settlement: Shading in the Gray," Judicature 70 (October-November, 1986), pp. 161-165.

Herbert M. Kritzer, "Fee Arrangements and Negotiation: A Research Note," Law & Society Review 21 (1987), pp. 341-348.

Herbert M. Kritzer and Jill Anderson, "The Arbitration Alternative: A Comparative Analysis of Case Processing Time, Disposition Mode, and Cost in the American Arbitration Association and the Courts," Justice System Journal 8 (Spring 1983), pp. 6-19.

Herbert M. Kritzer, William L.F. Felstiner, Austin Sarat, and David M. Trubek, "The Impact of Fee Arrangement on Lawyer Effort," Law & Society Review 19 (1985), pp. 251-278.

Herbert M. Kritzer, Joel B. Grossman, Elizabeth McNichol, David M. Trubek, and Austin Sarat, "Courts and Litigation Investment: Why Do Lawyers Spend More Time on Federal Cases," Justice System Journal 9 (1984), pp. 7-22.

Herbert M. Kritzer, Richard E. Miller, and William L. F. Felstiner, "Studying Disputes by Survey," American Behavioral Scientist 25 (September 1981), pp. 67-74.

Herbert M. Kritzer, Austin Sarat, David M. Trubek, Kristen Bumiller, and Elizabeth McNichol, "Understanding the Costs of Litigation: The Case of the Hourly Fee Lawyer," American Bar Foundation Research Journal 1984 (Summer 1984), pp. 559-604.

Richard E. Miller and Austin Sarat, "Grievances, Claims, and Disputes: Assessing the Adversary Culture," Law & Society Review 15 (1980-81), pp. 525-566.

Sarat, Austin, "The Litigation Explosion, Access to Justice, and Court Reform: Examining the Critical Assumptions," Rutgers Law Review 37 (Winter 1985), pp. 321-336.

David M. Trubek, "Studying Courts in Context," Law & Society Review 15 (1980-81), pp. 485-502.

David M. Trubek, "The Construction and Deconstruction of a Disputes-Focused Approach: An Afterword," Law & Society Review 15 (1980-81), pp. 727-747.

David M. Trubek, Austin Sarat, William L. F. Felstiner, Herbert M. Kritzer, and Joel B. Grossman, "The Costs of Ordinary Litigation," UCLA Law Review 31 (1983), pp. 72-127.



WORKING PAPERS DISTRIBUTED BY UNIVERSITY OF WISCONSIN LAW SCHOOL

Neil K. Komesar, "Toward an Economic Theory of Conflict Choice," University of Wisconsin Law School Disputes Processing Research Program Working Paper 1979-2.

Herbert M. Kritzer, "The Form of Negotiation in Ordinary Litigation," University of Wisconsin Law School, Disputes Processing Research Program Working Paper Series, Working Paper #2 (Series 7), December, 1985.

Herbert M. Kritzer, "The Lawyer as Negotiator: Working in the Shadows," University of Wisconsin Law School, Disputes Processing Research Program Working Paper Series, Working Paper (Series 7), January, 1986.

Herbert M. Kritzer, "The Lawyer as Broker," University of Wisconsin Law School, Disputes Processing Research Program Working Paper Series, Working Paper (Series 7), September, 1986.

David M. Trubek, Herbert M. Kritzer, Karen Holst, and William L.F. Felstiner, "Costs, Processes, and Outcomes: Lawyers' Attitudes Towards Courts and Other Dispute Processing Options," Report to the National Institute for Dispute Resolution (Madison,Wisconsin: Disputes Processing Research Program, University ofWisconsin Law School, 1984) [Available as a DPRP Working Paper 1984-9].



PAPERS PRESENTED AT PROFESSIONAL MEETINGS

Dan Coates and Steven Penrod, "Social Psychology and The Emergence of Disputes," paper presented at the 1980 Annual Meeting of the Law & Society Association, The Concourse, Madison, Wisconsin, June 5-8, 1980.

William L.F. Felstiner, Richard L. Abel, and Austin Sarat, "The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .", paper presented at the 1980 Annual Meeting of the Law & Society Association, The Concourse, Madison, Wisconsin, June 5-8, 1980.

Frank M. Gollop and Jeffrey Marquardt, "A Microeconomic Model of Household Choice: The Household as a Disputant," paper presented at the 1980 Annual Meeting of the Law & Society Association, The Concourse, Madison, Wisconsin, June 5-8, 1980.

Joel B. Grossman, "The Pace of Court Activity," paper presented at the Conference on the Pace of Litigation, Institute of Civil Justice, The Rand Corporation, Santa Monica, California, May 14-15, 1981.

Joel Grossman, Herbert Kritzer, Kristin Bumiller, Stephen McDougal, Richard Miller, and Austin Sarat, "Dimensions of Institutional Participation: A Tale from Five Courts," presented at the 1980 Annual Meeting of the American Political Science Association, Washington Hilton Hotel, Washington, D.C., August 28-31, 1980.

Joel B. Grossman and Austin Sarat, "Access to Justice and the Resolution of Middle Range Disputes," paper presented at XII World Congress of the International Political Science Association, Rio de Janeiro, August 9-14, 1982.

Earl Johnson, Jr., "Lawyers' Choice: A Theoretical Appraisal of Litigation Investment Decisions," paper presented at the 1980 Annual Meeting of the Law & Society Association, The Concourse, Madison, Wisconsin, June 5-8, 1980.

Herbert M. Kritzer, "Methods for Studying Dispute Decision-Making: A Case Focused Approach," paper presented at the 1980 Annual Meeting of the Law & Society Association, The Concourse, Madison, Wisconsin, June 5-8, 1980.

Herbert M. Kritzer, "Court Reform Through Role Reform: The Role of the Judge as an Instrument of Reform," paper presented at meetings of the Midwest Political Science Association, Stouffer's Cincinnati Towers, Cincinnati, Ohio, April 15-18, 1981.

Herbert M. Kritzer, "The Pace of Arbitration in Cases Processed by the American Arbitration Association," paper presented at the Conference on the Pace of Litigation, Institute of Civil Justice, The Rand Corporation, Santa Monica, California, May 14-15, 1981.

Herbert M. Kritzer, "Preliminary Results of Regression Analyses of Lawyers' Time," presented at meetings of the Law and Society Association, Amherst College Amherst, Massachusetts, June 11-14, 1981.

Herbert M. Kritzer, "The Civil Litigation Research Project: Lessons for Studying the Civil Justice System," paper presented at the Law and Justice Statistics Workshop, American Statistical Association Annual Meeting, Sheraton Centre, Toronto, Canada, August 13-14, 1983.

Herbert M. Kritzer, "The Negotiation Process in Ordinary Litigation: A Theoretical Framework," paper presented at meetings of the Law & Society Association, June, 1984, Boston.

Herbert M. Kritzer, "Negotiation and Settlement in Everyday Court Cases," Paper presented at 1984 National Conference on Peacemaking and Conflict Resolution, St. Louis, Missouri, September 20-23.

Herbert M. Kritzer, "Formal and Informal Theories of Negotiations: The Form of the Negotiation in Ordinary Litigation," paper presented at the 1985 Annual Meeting of the Law & Society Association, San Diego, California, June 6-9.

Herbert M. Kritzer, "The Content of Negotiation in Ordinary Civil Cases," paper prepared for a Roundtable on Non-Judicial Dispute Settlement, Conference Group on Political Economy, American Political Science Association Annual Meeting, August 29 - September 1, 1985, New Orleans Hilton Hotel, New Orleans,

Louisiana.

Herbert M. Kritzer, "Lawyers as Negotiators: Working in the Shadows," paper presented at Conference on Frontiers of Research on Civil Litigation, Institute of Legal Studies, University of Wisconsin Law School, Madison, Wisconsin, September 20, 1985.

Herbert M. Kritzer, "The Impact of the Form and Content of Negotiations on the Processing of Ordinary Civil Cases," paper presented at meetings of the Midwest Political Science Association, Palmer House Hotel, Chicago, Illinois, April 10-12,

1986.

Herbert M. Kritzer, "The Lawyer as Broker," paper presented at meetings of the Law & Society Association, Chicago Hilton Hotel, Chicago, Illinois, May 29-June 1, 1986.

Herbert M. Kritzer, William L. F. Felstiner, Austin Sarat, David M. Trubek, Kristin Bumiller, and Elizabeth McNichol, "The Cost of Civil Litigation: An Analysis of Lawyers' Fees and Time," presented at meetings of The Midwest Political Science Association, Marc Plaza Hotel, Milwaukee, Wisconsin, April 28-May 1, 1982.

Herbert M. Kritzer, William L.F. Felstiner, Austin Sarat, and David M. Trubek, "The Impact of Fee Arrangement on Lawyer Effort," paper presented at Meetings of the Midwest Political Science Association, April 12-14, 1984, Palmer House Hotel, Chicago, Illinois.

Herbert M. Kritzer, William L.F. Felstiner, Austin Sarat, and David M. Trubek, "Winners and Losers in Litigation: Does Anyone Come Out Ahead?" paper presented at the 1985 Annual Meeting of the Midwest Political Science Association, April 17-20, Palmer House Hotel, Chicago, Illinois.

Herbert M. Kritzer, Joel B. Grossman, Elizabeth McNichol, David M. Trubek, Austin Sarat, and William L. F. Felstiner, "Courts and Litigation Investment Time: Why Do the Federal Courts Take More," paper presented at meetings of the Law & Society Association, Denver, Colorado, June, 1983.

Herbert M. Kritzer, Joel B. Grossman, and Kristin Bumiller, "Civil Dispute Processing in the State and Federal Courts: A Conceptual Model and Some Preliminary Findings," presented at the 1980 Annual Meeting of the Midwest Political Science Association, Pick-Congress Hotel, Chicago, Illinois, April 24-26, 1980.

David M. Trubek, Austin Sarat, William L. F. Felstiner, Herbert M. Kritzer, and Joel B. Grossman, "The Economic Costs of Ordinary Litigation," paper prepared for the National Conference on the Lawyer's Changing Role in Resolving Disputes, Harvard Law School, October 14-15, 1982.





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OTHER STUDIES RELYING UPON THE CLRP PROJECT DATA

Bumiller's Study of Victims of Discrimination

Kristin Bumiller, "The Deconstruction of Anti-Discrimination Ideology: The Denial of Self-Respect by Victims Without a Cause," unpublished Ph.D. Dissertation, Department of Political Science, University of Wisconsin-Madison, 1984.

Kristin Bumiller, "Victims in the Shadow of the Law: A Critique of the Model of Legal Protection," Signs 12 (1987), pp. 421-439.

Kristin Bumiller, The Civil Rights Society: The Social Construction of Victims. (Baltimore: The Johns Hopkins University Press, 1988).


Kritzer's Study of Propensity to Sue

Herbert M. Kritzer, Neil Vidmar, and W.A. Bogart. "To Confront or Not to Confront: Measuring Claiming Rates in Discrimination Grievances," Law & Society Review 25 (1991), pp. 875-887.

Herbert M. Kritzer, W.A. Bogart, and Neil Vidmar, "The Aftermath of Injury: Cultural Factors in Compensation Seeking in Canada and the United States," Law & Society Review 25 (1991), pp. 499-543.

Herbert M. Kritzer, "Propensity to Sue in England and the United States: Blaming and Claiming in Tort Cases," Journal of Law and Society 18 (1991), pp. 452-479.

Herbert M. Kritzer, W.A. Bogart, and Neil Vidmar, "'Canadians Seem To Be a Lot Less Litigious than Americans': Compensation Seeking in Canada and the United States," paper presented at meetings of the Law & Society Association, Berkeley, California, May 31-June 3, 1990.

Herbert M. Kritzer, W.A. Bogart, and Neil Vidmar, "Context, Context, Context: A Cross-Problem, Cross-Cultural Comparison of Compensation Seeking Behaviour," paper presented at meetings of the Law & Society Association, Amsterdam, June 26-30, 1991.

Herbert M. Kritzer, Neil Vidmar, and W.A. Bogart, "The Genesis of Discrimination Litigation: Comparing Canada and the United States," paper presented at meetings of the Southern Political Science Association, Atlanta, Georgia, November 1-3, 1990.

Herbert M. Kritzer, Neil Vidmar, W.A. Bogart, and Kathleen Zahorik, "Legal Mobilization in Canada and the United States: Consumer Problems in North America," paper presented at meetings of the Midwest Political Science Association, Chicago, Illinois, April 18-20, 1991.

Kathleen M. Zahorik, "Consumer Problems in Three Countries," paper presented at meetings of the Law & Society Association, Berkeley, California, May 31-June 3, 1990.

 

Kritzer's Contingency Fee Study

Herbert M. Kritzer, "The Wages of Risk: The Returns of Contingency Fee Legal Practice." DePaul University Law Review 47 (1998), pp. 267-319.

Herbert M. Kritzer, Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States (Stanford, CA: Stanford University Press, 2004).


Rand Corporation's Study of Costs of Litigation

James S. Kakalik and Nicholas M. Pace, Costs and Compensation Paid in Tort Litigation (Santa Monica: The Rand Corporation, 1986).


Miscellaneous

Yvonne Chilik, "Who Goes to Trial? A Preliminary Assessment," paper presented at meetings of the Law & Society Association, Washington, DC, June 4-7, 1987.

Evan Osborne, "Who Should Be Worried About Assymetric Information in Litigation?" International Review of Law and Economics 19 (1999), pp. 399-409.

Evan Osborne, "Courts as Casinos? An Empirical Investigation of Randomness and Efficiency in Civil Litigation," Journal of Legal Studies 28 (1999), pp. 187-204.

 

Originally prepared: August 27, 1992
LastUpdated: December 28, 2004
Originally published to the World Wide Web: November 24, 1999