Writings

Although the term "empirical research" has become commonplace in legal scholarship over the past two decades, law professors have, in fact, been conducting research that is empirical – that is, learning about the world using quantitative data or qualitative information – for almost as long as they have been conducting research. For just as long, however, they have been proceeding with little awareness of, much less compliance with, the rules of inference, and without paying heed to the key lessons of the revolution in empirical analysis that has been taking place over the last century in other disciplines. The tradition of including some articles devoted to exclusively to the methododology of empirical analysis – so well represented in journals in traditional academic fields – is virtually nonexistent in the nation’s law reviews. As a result, readers learn considerably less accurate information about the empirical world than the studies’ stridently stated, but overconfident, conclusions suggest. To remedy this situation both for the producers and consumers of empirical work, this Article adapts the rules of inference used in the natural and social sciences to the special needs, theories, and data in legal scholarship, and explicate them with extensive illustrations from existing research. The Article also offers suggestions for how the infrastructure of teaching and research at law schools might be reorganized so that it can better support the creation of first-rate empirical research without compromising other important objectives.

We propose a remedy for the discrepancy between the way political scientists analyze data with missing values and the recommendations of the statistics community. Methodologists and statisticians agree that "multiple imputation" is a superior approach to the problem of missing data scattered through one’s explanatory and dependent variables than the methods currently used in applied data analysis. The discrepancy occurs because the computational algorithms used to apply the best multiple imputation models have been slow, difficult to implement, impossible to run with existing commercial statistical packages, and have demanded considerable expertise. We adapt an algorithm and use it to implement a general-purpose, multiple imputation model for missing data. This algorithm is considerably easier to use than the leading method recommended in statistics literature. We also quantify the risks of current missing data practices, illustrate how to use the new procedure, and evaluate this alternative through simulated data as well as actual empirical examples. Finally, we offer easy-to-use that implements our suggested methods. (Software: AMELIA)

We offer the first independent scholarly evaluation of the claims, forecasts, and causal inferences of the State Failure Task Force and their efforts to forecast when states will fail. State failure refers to the collapse of the authority of the central government to impose order, as in civil wars, revolutionary wars, genocides, politicides, and adverse or disruptive regime transitions. This task force, set up at the behest of Vice President Gore in 1994, has been led by a group of distinguished academics working as consultants to the U.S. Central Intelligence Agency. State Failure Task Force reports and publications have received attention in the media, in academia, and from public policy decision-makers. In this article, we identify several methodological errors in the task force work that cause their reported forecast probabilities of conflict to be too large, their causal inferences to be biased in unpredictable directions, and their claims of forecasting performance to be exaggerated. However, we also find that the task force has amassed the best and most carefully collected data on state failure in existence, and the required corrections which we provide, although very large in effect, are easy to implement. We also reanalyze their data with better statistical procedures and demonstrate how to improve forecasting performance to levels significantly greater than even corrected versions of their models. Although still a highly uncertain endeavor, we are as a consequence able to offer the first accurate forecasts of state failure, along with procedures and results that may be of practical use in informing foreign policy decision making. We also describe a number of strong empirical regularities that may help in ascertaining the causes of state failure.