Explanations and the Preponderance Standard: Still Kicking Rocks with Dr. Johnson

48 Seton Hall Law Review, Forthcoming

U of Alabama Legal Studies Research Paper No. 3220019

12 Pages Posted: 2 Aug 2018

Date Written: 2018

Abstract

This paper responds to a previously unpublished article by the late evidence scholar (and our friend) Craig Callen. Craig’s article and our response will be published in the Seton Hall Law Review, in a symposium issue dedicated to the work of Michael Risinger. We thank Michael for unearthing Craig’s manuscript—which discusses our theory of juridical proof in terms of the relative plausibility of competing explanations—and for inviting us to respond. In this response, we discuss developments in the literature since the manuscript was written, and we explain how our theory accommodates the concerns Craig raises regarding sufficiency of the evidence. Our discussion focuses, as does Craig’s article, on motions for summary judgment and judgment as a matter of law, using employment-discrimination cases as illustrative.

Keywords: evidence, juridical proof, probability, plausibility, explanations, standards of proof, preponderance of the evidence, summary judgment, judgment as a matter of law

Suggested Citation

Pardo, Michael S. and Allen, Ronald Jay, Explanations and the Preponderance Standard: Still Kicking Rocks with Dr. Johnson (2018). 48 Seton Hall Law Review, Forthcoming; U of Alabama Legal Studies Research Paper No. 3220019. Available at SSRN: https://ssrn.com/abstract=3220019

Michael S. Pardo (Contact Author)

University of Alabama School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

Ronald Jay Allen

Northwestern University Law School ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8372 (Phone)
312-503-2035 (Fax)

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