Empirical Scientific Research and Legal Studies Research—A Missing Link

• Date: 01 January 2016
• Author: Robert J. Landry
• DOI: http://doi.org/10.1111/jlse.12038
• Published date: 01 January 2016

Journal of Legal Studies Education

Volume 33, Issue 1, 165–170, Winter 2016

Empirical Scientific Research and

Legal Studies Research—A Missing

Link

Robert J. Landry III∗

I. INTRODUCTION

Forty-five years ago in the American Business Law Journal Professor John D.

Donnell wrote that empirical research was “a key to the kingdom.”1Whether

empirical research is “a key to the kingdom” is debatable and may be an

overstatement, but regardless, the case made for the importance of empirical

research made by Professor Donnell rings as true today as it did in 1970.2

In fact, the need for, and the importance of, employing empirical scientific

research by legal studies scholars is crucial to expanding the knowledge

base and to making meaningful concrete policy changes to improve our

legal system, and ultimately enhance justice for all of society. Normative,

theoretical, and doctrinal research is critical and actually is a prerequisite to

any meaningful empirical scientific research. However, without building on

the foundation that normative, theoretical, and doctrinal research provides,

through empirical scientific research, there is a great divide between legal

∗Associate Professor of Finance, College of Commerce and Business Administration, Jacksonville

State University, Jacksonville, Alabama.

1John D. Donnell, Empirical Research: A Key to the Kingdom for the Business Law Instructor,8AM.

BUS. L.J. 288, 294 (1970).

2Professor Donnell’s argument that more attention to empirical research is needed in legal

research has been echoed for many years by legal scholars as way to enhance legal scholarship

generally. For a detailed collection of authorities, see generally Michael Heise, The Importance of

Being Empirical,26P

EPPERDINE L. REV. 807, 811 1999). Recently, Professor Cahoy reiterated the

importance and increasing rise of empirical legal research. See generally, Daniel R. Cahoy, Editor’s

Corner: Considerations in the Rise of Empirical Legal Scholarship,47A

M.BUS. L.J. v (2010).

C2016 The Author

Journal of Legal Studies Education C2016 Academy of Legal Studies in Business

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