Thanks for dropping in to visit my UW-Madison home page. Please visit my new webpage for current information and access to recent publications.
I am Professor of Political Science and Law emeritus at the University of Wisconsin-Madison.
I was an active faculty member at UW-Madison for 30 years (1977-2007), having previously taught at Indiana University and Rice University. I have a Ph.D. in Political Science from
the University of North Carolina at Chapel Hill (1974) and a B.A. in Sociology
from Haverford College (1969). After retiring from the University of Wisconsin in 2007, I joined the faculty of William Mitchell College of Law where I taught from 2007 to 2009. In July 2009 I was appointed to the Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota Law School.
My teaching areas at Wisconsin were Judicial Politics and Process and Research
Methods (both qualitative and quantitative); I also occasionally taught
the introductory course in American National Government and an interdisciplinary course on the legal profession. My research and writing is primarily in judicial process
(both U.S. and comparative), with some occasional writing on research methods.
Wisconsin Course Syllabi
Legal Studies/Sociology 415/Political Science 401, The Legal Profession
Political Science 217, Law, Politics, and Society
401/963/Legal Studies 400, Seminar: The Politics of Legal Policy
Political Science 417, The American Judicial System
Political Science 551: Introduction to Statistical Inference for Political Resarch
Political Science 552: Quantitative Analysis of Political Data II
Political Science 816,
Qualitative Research Methods
Political Science 863, The Judicial Process
Research and Writing
NOTE: This information is no longer being updated; for recent publications, please click here.
Recent and forthcoming publications (for items indicated with an ** please contact me for an electronic reprint):
- “The (Nearly) Forgotten Early Empirical Legal Research ,” pp. 875-900
in Peter Cane and Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research (Oxford: Oxford University Press, forthcoming 2010) [prepublication version available at http://ssrn.com/abstract=1426312].
- “Claiming Behavior as Legal Mobilization ” pp. 260-284 in Peter Cane and Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research (Oxford: Oxford University Press, 2010).
- (with Mark Richards) "Taking and Testing Jurisprudential Regimes Seriously: A Response to Lax and Rader," Journal of Politics 72 (April 2010), 285-288 .
- “Examining the Real Demand for Legal Services,” Fordham Urban Law Journal 37 (2010), 255-272 [prepublication version available at http://ssrn.com/abstract=1289828].
- “Fee Regimes and the Cost of Civil Justice,” Civil Justice Quarterly 28 (2009), 344-366.
- “’Research Is a Messy Business’”: An Archeology of the Craft of Socio-legal Research,” pp. 264-85 in Simon Halliday and Patrick Schmidt (eds.), Conducting Law and Society Research: Reflections on Methods and Practices (New York: Cambridge University Press, 2009) [prepublication version available at http://ssrn.com/abstract=1288063].
- “The Arts of Persuasion in Science and Law: Conflicting Norms in the Courtroom,” Law and Contemporary Problems 72 (2009), 41-63 [prepublication version available at http://ssrn.com/abstract=1024520].
- “To Lawyer, or Not to Lawyer: Is That the Question?” Journal of Empirical Legal Studies 5 (2008), 875-906 [prepublication version available at http://ssrn.com/abstract=1004773].
- Daubert in the Law Office: Routinizing Procedural Change,” Journal of Empirical Legal Studies 5 (2008), 109-142 [prepublication version available at http://ssrn.com/abstract=933668].
- "Toward a Theorization
of Craft," Social and Legal Studies 16 (2007), 321-340
(SSRN Abstract 906340).
- (with Paul Brace, Melinda Gann Hall, and Brent Boyea) "The Business
of State Supreme Courts, Revisited," Journal of Empirical Legal Studies
4 (2007), 427-439 (prepublication version available at SSRN Abstract
- "'Law Is the Mere Continuation of Politics by Different Means': American
Judicial Selection in the 21st Century," DePaul Law Review 56 (March 2007), 423-467 (SSRN Abstract
- (with Darryn C. Beckstrom) "Daubert in the States Diffusion of a New Approach to Expert Evidence in Court,," Journal of Empirical Legal Studies (2007) forthcoming (SSRN Abstract 912780)
- "Defending Torts: What Should We Know?" Journal of Tort Law 1(3) (2006), Article 3 (SSRN Abstract 975321).
- "The Commodification
of Insurance Defense Practice," Vanderbilt Law Review 59
(2006), 2053-2094 (SSRN Abstract
Reputations, and Rewards: Contingency Fee Legal Practice in the United States
(Stanford University Press, 2004).
- "Seven Dogged Myths Concerning
Contingency Fees," Washington University Law Quarterly 80
(2002), pp. 739-794.
- "Advocacy and Rhetoric vs.
Scholarship and Evidence in the Debate over Contingency Fees: A Reply to Professor
Brickman," Washington University Law Quarterly 82 (2004),
- "Lawyer Fees and Lawyer
Behavior in Litigation: What Does the Empirical Literature Really Say?"
Texas Law Review 80 (June 2002), pp. 1943-1983.
- Mark J. Richards and Herbert M. Kritzer, "Jurisprudential
Regimes in Supreme Court Decision Making," American Political
Science Review 96 (June 2002), pp. 305-320.
- Herbert M. Kritzer and Mark J. Richards, "The
Influence of Law in the Supreme Court's Search-and-Seizure Jurisprudence,"
American Politics Research 33 (January 2005), pp. 33-55.
- Herbert M. Kritzer and Mark J. Richards, "Jurisprudential
Regimes and Supreme Court Decision Making: The Lemon Regime and Establishment
Clause Cases," Law & Society Review 37 (2003), pp. 827-840.
- **Mark J. Richards, and Joseph L. Smith, and Herbert M. Kritzer, "Does
Chevron Matter?" Law & Policy 28 (October 2006),
444-469 (SSRN Abstract 906329
draft], SSRN Abstract 928998
- "Anticipating the New Institutionalism:
The Pioneering Work of Martin Shapiro," pp. 387-415 in Nancy Maveety
(ed.), Judicial Pioneers (University of Michigan Press, 2002).
Systems of the World (Santa Barbara, California: ABC-CLIO, 2002).
This is a four volume encyclopedia which provides basic information about
legal and court systems around the world along with information on transnational
judicial bodies, jurisprudential ideas, key elements of court systems, and
central concepts about law and courts. Legal Systems of the World is
available the publisher or through on-line book dealers such as Amazon.com.
- "Disappearing Trials? A Comparative
Perspective," Journal of Empirical Legal Studies 1 (2004),
- Herbert M. Kritzer and Susan S. Silbey (eds.), In
Litigation: Do the 'Haves' Still Come Out Ahead?
(Stanford, CA: Stanford University Press, 2003).
- "The Government Gorilla: Why
Does Government Come out Ahead?" pp.342-370 in Herbert M. Kritzer
and Susan S. Silbey (eds.), In Litigation: Do the 'Haves' Still Come Out
Ahead? (Stanford, CA: Stanford University Press, 2003).
- "The American Public's
Assessment of the Rehnquist Court," Judicature (November/December
2005) [SSRN Abstract 906341]
- "The Future Role of
Law Workers': Rethinking the Forms of Legal Practice and the Scope of
Legal Education," Arizona Law Review 44 (2002), pp. 917-938.
- "American Adversarialism
[A Review Essay focusing on Adversarial Legalism by Robert Kagan],
" Law & Society Review 38 (2004), pp. 349-383.
- "The Impact of Law:
A View from North of the Border [A Review Essay focusing on Consequences:
The Impact of Law and its Complexity, by W.A. Bogart],"Judicature
88 (September-October 2004), pp. 38-41.
- "Access to Justice
for the Middle Class," pp. 257-268 in W.A. Bogart, Frederick Zemans,
and Julia Bass (eds)., Access to Justice for the New Century: The Way
Forward (Toronto: Law Society of Upper Canada, 2005).
- "'Loser Pays' Doesn't,"
Legal Affairs (November/December 2005), pp. 24-25.
Unpublished conference and working papers:
Research and writing projects underway or completed include:
Last modified, December 12, 2010