Social Network Analysis and the Diffusion of the Strict Liability Rule for Manufacturing Defects, 1963-87

Law & Social Inquiry, Forthcoming

47 Pages Posted: 23 Feb 2011 Last revised: 8 Nov 2015

See all articles by Robert C. Bird

Robert C. Bird

University of Connecticut - School of Business; University of Connecticut School of Law

Donald J. Smythe

California Western School of Law

Date Written: February 22, 2011

Abstract

This article reports the results of a study that uses social network analysis to compare the persuasiveness of legal precedents in the diffusion of the strict liability rule for manufacturing defects. This new study tests which legal precedents were most influential and also whether certain state judicial variables influenced the diffusion process. The results are striking. The federal circuit regions appear to define an important reference group in the diffusion process and social network effects dominate economic and political variables. In addition, the de facto separation of powers in the enactment of new state legislation appears to influence courts’ propensities to adopt the strict liability rule. When the executive and legislative branches were controlled by the same political party – regardless of whether it was the Republican or Democratic Party – state courts were more inclined to adopt the strict liability rule.

Keywords: Social Network Analysis, Legal Precedents, Judicial Discretion, Manufacturing Defects, Products Liability

JEL Classification: K10, K13, K20

Suggested Citation

Bird, Robert C. and Smythe, Donald J., Social Network Analysis and the Diffusion of the Strict Liability Rule for Manufacturing Defects, 1963-87 (February 22, 2011). Law & Social Inquiry, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1767505

Robert C. Bird

University of Connecticut - School of Business ( email )

368 Fairfield Road
Storrs, CT 06269-2041
United States

HOME PAGE: http://businesslaw.business.uconn.edu/robert-bird/

University of Connecticut School of Law ( email )

55 Elizabeth Street
Hartford, CT 06105
United States

Donald J. Smythe (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

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