Daniel M. Klerman

Edward G. Lewis Chair in Law and History, Professor of Law

Civil ProcedurePropertyEnglish Legal History

Daniel M. Klerman is the Edward G. Lewis Chair in Law and History at the USC Gould School of Law, where he directs the Center of Law & Social Science. He holds both a J.D. and a Ph.D. in History from the University of Chicago and clerked for Judge Richard A. Posner on the Seventh Circuit and Justice John Paul Stevens on the U.S. Supreme Court. His interdisciplinary scholarship uses economics and statistics to understand legal history, and he has been recognized with the Sutherland Prize from the American Society for Legal History and the David Yale Prize from the Selden Society.

Teaching Style

Professor Klerman brings a distinctive historical and empirical perspective to civil procedure and property, using economic and statistical analysis to illuminate how legal institutions have evolved and why they work the way they do. His Socratic method is precise and intellectually demanding, often asking students to think about procedural rules in comparative and historical context. He cold-calls regularly and challenges students to consider not just how rules work but why they developed, whether they are efficient, and how they compare to alternatives in other legal systems.

Cold Call Tips

  1. 1Be prepared to analyze procedural rules from both doctrinal and economic efficiency perspectives
  2. 2Think about how historical context shapes modern legal institutions and procedures
  3. 3Understand settlement dynamics and litigation incentives, as Professor Klerman's empirical work focuses on these areas
  4. 4Review comparative law angles, particularly how different legal systems handle procedural questions

Areas of Expertise

Legal HistoryCivil ProcedureLaw and EconomicsEmpirical Legal StudiesComparative Legal Systems

Education

  • Ph.D. in History, University of Chicago
  • J.D., University of Chicago Law School
  • B.A., Yale University

Notable Publications

  • Forum Selling (Stanford Law Review)
  • Settlement Around the World: Settlement Rates in the Largest Economies
  • Sutherland Prize, American Society for Legal History

Research Interests

The economics of legal history and institutional developmentForum selection, forum shopping, and jurisdictional competitionEmpirical analysis of settlement behavior and litigation outcomesMedieval English legal institutionsComparative civil procedure

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