30 January 2019

New article by Henrik Palmer Olsen, Sune Lehmann and Jorge Leitao

Henrik Palmer Olsen, Sune Lehmann and Jorge Leitao identify and explain rich-get-richer effect in the case-to-case citation practice of the European Court of Human Rights

Henrik Palmer Olsen

In a new article published in the Open Access journal Applied Network Science Henrik Palmer Olsen, Sune Lehmann and Jorge Leitao identifies and explains rich-get-richer effect in the case-to-case citation practice of the European Court of Human Rights. In this article they investigate how court decisions aggregate citations in the European

Court of Human Rights. Using the Bass model, they quantify the prevalence of the rich-get-richer phenomenon and find that the Bass model provides an excellent description of how individual decisions accumulate citations. The analysis reveals that citations to a large fraction of decisions are, in fact, explained by the rich-get-richer phenomenon. They conclude by discussing the legal-institutional implications of their findings and suggest that the Rich get richer effect can to some extent be explained by the fact that the court seeks to overcome a heavy case load by rationalizing decision-making procedures through repeated use of the same cases as precedent for new decisions.

 The article is freely available on Springer here