The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule or comment.
In addition to presenting these results, the article discusses why coding privacy-policy decisions can be especially difficult, and the results of that coding sometimes indeterminate. The numbers in quantitative studies of case outcomes can mask the many interpretive judgment calls needed to support them. These results suggest several common-sense methodological lessons that apply to quantitative caselaw studies generally. They also suggest that the Restatement process might be ill suited to producing large-scale quantitative studies of judicial decisions.
Scholarly Commons Citation
Klass, Gregory, "A Critical Assessment of the Empiricism in the Restatement of Consumer Contract Law" (2017). Georgetown Law Faculty Publications and Other Works. 1987.