A Comment on Statistical Evidence and Standards of Proof
25 Supreme Court Economic Review 59 (2018)
7 Pages Posted: 3 Apr 2019
Date Written: 2018
This brief comment discusses “Error Costs, Legal Standards of Proof, and Statistical Significance,” by Michelle Burtis, Jonah Gelbach, and Bruce Kobayashi (available at: https://ssrn.com/abstract=2956471). The primary aim of this comment is to situate the article’s analysis within legal scholarship on evidence and proof by focusing on three issues regarding legal standards of proof: (1) the extent to which they are comparative, (2) the criteria that underlie them, and (3) their relationship with statistical evidence.
Keywords: statistical evidence, statistical significance, likelihood ratio, burden of proof, preponderance of the evidence
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