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Legal Writing and Research

University of Michigan Law School

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Full-Text Articles in Law

Contract As Statute, Stephen J. Choi, G. Mitu Gulati Mar 2006

Contract As Statute, Stephen J. Choi, G. Mitu Gulati

Michigan Law Review

The traditional model of contract interpretation focuses on the "meeting of the minds." Parties agree on how to structure their respective obligations and rights and then specify their agreement in a written document. Gaps and ambiguities are inevitable. But where contract language exists for the point in contention and a dispute arises as to the meaning of this language, courts attempt to divine what the parties intended. Among the justifications for deferring to the intent of the parties is the assumption that parties know what is best for themselves. Deference also arguably furthers autonomy values. Not all contracts and contract …


Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …