Replicability in Empirical Legal Research

Abstract

As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review, we summarize the current state of ELR relative to the broader movement toward replicability in the social sciences. As part of that aim, we summarize recent collective replication efforts in ELR and transparency and replicability guidelines adopted by journals that publish ELR. Based on this review, ELR seems to be lagging other fields in implementing reforms. We conclude with suggestions for reforms that might encourage improved replicability.