Legal Policy Analysis and Evaluation

This article develops the notion that law tends to be policy analysis without benefit of data. It discusses the difficulties the law creates for itself and society due to this tendency, as well as the prospects for better informing the law through data, especially empirical evaluation of the law's effects. The article provides as illustrations (a) insanity defense "reform," (b) legislation to solve the "liability crisis," (c) sentencing guidelines, (d) the federal rules of civil procedure, and (e) lexogenic injuries.