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Theodore Eisenberg

Theodore Eisenberg

D-Index & Metrics

Law

D-Index
35
Citations
10403
World Ranking
156
National Ranking
119

Overview

Theodore Eisenberg was affiliated with Cornell University in the United States. Their academic contributions spanned primarily the social sciences, with a focus on law, political science and international relations, and economics and econometrics. Within these fields, their research addressed a number of interconnected topics related to legal systems and judicial processes, legal principles and applications, criminal law and evidence, as well as the intersections of law, economics, and judicial systems.

Eisenberg's research output included several recent papers published in the SSRN Electronic Journal, a frequent venue for their work. These papers included:

  • Explaining Constitutional Tort Litigation: The Influence of the Attorney Fees Statute and the Government as Defendant, 2025, SSRN Electronic Journal
  • The Reality of Constitutional Tort Litigation, 2025, SSRN Electronic Journal
  • The Importance of Section 1981, 2025, SSRN Electronic Journal

Their collaboration history showed a close working relationship with Stewart J. Schwab, who co-authored all three listed papers. This consistent partnership reflected a focused research agenda within constitutional tort litigation and related legal topics.

The scope of Eisenberg's work encompasses several subfields, namely:

  • Law
  • Political Science and International Relations
  • Economics and Econometrics

The main topics of study included:

  • Legal Systems and Judicial Processes
  • Legal Principles and Applications
  • Criminal Law and Evidence
  • Law, Economics, and Judicial Systems

Eisenberg's publications were concentrated in the SSRN Electronic Journal, which served as the principal venue throughout their recent career. The breadth of their work indicates a scholarly interest in analyzing constitutional tort litigation and the legal frameworks governing governmental defendants, attorney fees statutes, and civil rights provisions like Section 1981.

While there are no records of book publications or awards associated with Eisenberg, their research contributions have shaped various aspects of understanding legal procedural and substantive questions within the social sciences. Eisenberg is deceased, and the available data reflects the lasting academic footprint they left on interdisciplinary legal scholarship.

Best Publications

  • Larger board size and decreasing firm value in small firms1

    Theodore Eisenberg;Stefan Sundgren;Martin T. Wells

  • Trial by Jury or Judge: Transcending Empiricism

    Kevin M. Clermont;Theodore Eisenberg

  • The Predictability of Punitive Damages

    Theodore Eisenberg;John Goerdt;Brian Ostrom;David Rottman

  • Deadly Confusion: Juror Instructions in Capital Cases

    Theodore Eisenberg;Martin T. Wells

  • Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts

    Theodore Eisenberg;Geoffrey P Miller;Emily Sherwin

  • Juries, Judges, and Punitive Damages: An Empirical Study

    Theodore Eisenberg;Neil LaFountain;Brian Ostrom;David Rottman

  • Xenophilia in American Courts

    Kevin M. Clermont;Theodore Eisenberg

  • Judge‐Jury Agreement in Criminal Cases: A Partial Replication of Kalven and Zeisel's The American Jury

    Theodore Eisenberg;Paula L. Hannaford-Agor;Valerie P. Hans;Nicole L. Waters

  • Exorcising the Evil of Forum-Shopping

    Kevin M. Clermont;Theodore Eisenberg

  • Politics and the Judiciary: The Influence of Judicial Background on Case Outcomes

    Orley Ashenfelter;Theodore Eisenberg;Stewart J. Schwab

  • But Was He Sorry? The Role of Remorse in Capital Sentencing

    Theodore Eisenberg;Stephen P. Garvey;Martin T. Wells

  • Explaining Death Row's Population and Racial Composition

    John H. Blume;Theodore Eisenberg;Martin T Wells

  • Forecasting Life and Death: Juror Race, Religion, and Attitude toward the Death Penalty

    Theodore Eisenberg;Stephen P. Garvey;Martin T. Wells

  • Appeal from jury or judge trial: defendants' advantage

    Kevin M. Clermont;Theodore Eisenberg

  • Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data

    Theodore Eisenberg;Paula L. Hannaford-Agor;Michael Heise;Neil LaFountain

  • Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and On Trial Outcomes

    Theodore Eisenberg;Valerie P. Hans

  • What is the Settlement Rate and Why Should We Care

    Theodore Eisenberg;Charlotte Lanvers

  • Testing the Selection Effect: A New Theoretical Framework with Empirical Tests

    Theodore Eisenberg

  • The Litigious Plaintiff Hypothesis: Case Selection and Resolution

    Theodore Eisenberg;Henry S. Farber

  • Litigation Outcomes in State and Federal Courts: A Statistical Portrait

    Theodore Eisenberg;John Goerdt;Brian Ostrom;David Rottman

  • Secured Debt and the Likelihood of Reorganization

    Clas Bergström;Theodore Eisenberg;Stefan Sundgren

  • Attorney Fees in Class Action Settlements: An Empirical Study

    Theodore Eisenberg;Geoffrey P. Miller

  • Inbreeding in Law School Hiring: Assessing the Performance of Faculty Hired from Within

    Theodore Eisenberg;Martin T. Wells

  • Shopping for Judges: An Empirical Analysis of Venue Choice in Large Chapter 11 Reorganizations

    Theodore Eisenberg;Lynn M. LoPucki

  • Does the Judge Matter? Exploiting Random Assignment on a Court of Last Resort to Assess Judge and Case Selection Effects

    Theodore Eisenberg;Talia Fisher;Issi Rosen-Zvi

  • Was Arthur Andersen Different? An Empirical Examination of Major Accounting Firms' Audits of Large Clients

    Theodore Eisenberg;Jonathan R. Macey

  • Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven & Zeisel's The American Jury

    Theodore Eisenberg;Paula Hannaford-Agor;Valerie P. Hans;Nicole L. Mott

Frequent Co-Authors

Martin T. Wells
Martin T. Wells Cornell University
Valerie P. Hans
Valerie P. Hans Cornell University
Stephen J. Choi
Stephen J. Choi New York University
Jeffrey J. Rachlinski
Jeffrey J. Rachlinski Cornell University
Shari Seidman Diamond
Shari Seidman Diamond Northwestern University
James Shanteau
James Shanteau Kansas State University
Edith Greene
Edith Greene University of Colorado Colorado Springs
Robert J. MacCoun
Robert J. MacCoun Stanford University
Saul M. Kassin
Saul M. Kassin John Jay College of Criminal Justice
Steven D. Penrod
Steven D. Penrod John Jay College of Criminal Justice

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Best Scientists Citing Theodore Eisenberg