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Statistics for Lawyers
Statistics for Lawyers presents the science of statistics in action at the cutting edge of legal problems. A series of more than 90 case studies, drawn principally from actual litigation, have been selected to illustrate important areas of the law in which statistics has played a role and to demonstrate a variety of statistical tools. Some case studies raise legal issues that are being intensely debated and lie at the edge of the law. Of particular note are problems involving toxic torts, employment discrimination, stock market manipulation, paternity, tax legislation, and drug testing. The case studies are presented in the form of legal/statistical puzzles to challenge the reader and focus discussion on the legal implications of statistical findings. The techniques range from simple averaging for the estimation of thefts from parking meters to complex logistic regression models for the demonstration of discrimination in the death penalty. Excerpts of data allow the reader to compute statistical results and an appendix contains the authors' calculations.
Basic Concepts of Probability and Statistics in the Law
When as a practicing lawyer I published my ?rst article on statistical evidence in 1966, the editors of the Harvard Law Review told me that a mathematical equa- 1 tion had never before appeared in the review. This hardly seems possible - but if they meant a serious mathematical equation, perhaps they were right. Today all that has changed in legal academia. Whole journals are devoted to scienti?c methods in law or empirical studies of legal institutions. Much of this work involves statistics. Columbia Law School, where I teach, has a professor of law and epidemiology and other law schools have similar “law and” professorships. Many offer courses on statistics (I teach one) or, more broad...
Forensic Analysis
Since the 1960s, testimony by representatives of the Federal Bureau of Investigation in thousands of criminal cases has relied on evidence from Compositional Analysis of Bullet Lead (CABL), a forensic technique that compares the elemental composition of bullets found at a crime scene to the elemental composition of bullets found in a suspect's possession. Different from ballistics techniques that compare striations on the barrel of a gun to those on a recovered bullet, CABL is used when no gun is recovered or when bullets are too small or mangled to observe striations. Forensic Analysis: Weighing Bullet Lead Evidence assesses the scientific validity of CABL, finding that the FBI should use a different statistical analysis for the technique and that, given variations in bullet manufacturing processes, expert witnesses should make clear the very limited conclusions that CABL results can support. The report also recommends that the FBI take additional measures to ensure the validity of CABL results, which include improving documentation, publishing details, and improving on training and oversight.
Mathematics & Common Sense
From the Preface: This book is addressed to all who are curious about the nature of mathematics and its role in society. It is neither a text book nor a specialists' book. It consists of a number of loosely linked essays that may be read independently and for which I have tried to provide a leitmotif by throwing light on the relationship between mathematics and common sense. In these essays I hope to foster a critical attitude towards both the existence of common sense in mathematics and the ambiguous role that it can play.
Prove It with Figures
Prove It With Figures displays some of the tools of the social and statistical sciences that have been applied in the courtroom and to the study of questions of legal importance. It explains how researchers can extract the most valuable and reliable data that can conveniently be made available, and how these efforts sometimes go awry. In the tradition of Zeisel's standard work "Say It with Figures," the authors clarify, in non-technical language, some of the basic problems common to all efforts to discern cause-and-effect relationships. Designed as a textbook for law students who seek an appreciation of the power and limits of empirical methods, this is also a useful reference for lawyers, policymakers, and members of the public who would like to improve their critical understanding of the statistics presented to them. The many case histories include analyses of the death penalty, jury selection, employment discrimination, mass torts, and DNA profiling.
The Evolving Role of Statistical Assessments as Evidence in the Courts
With increasing frequency, the proof of facts in legal proceedings en tails the use of quantitative methods. Judges, lawyers, statisticians, social scientists, and many others involved in judicial processes must address is sues such as the evaluation and interpretation of quantitative evidence, the ethical and professional obligations of expert witnesses, and the roles of court-appointed witnesses. The Panel on Statistical Assessments as Evi dence in the Courts was convened to help clarify these issues and provide some guidance in addressing the difficulties encountered in the use of quan titative assessments in legal proceedings. This report is the culmination of more than three years of research and deliberation. In it, we address a variety of issues that arise in federal and state court proceedings when statistical assessments such as quantitative descriptions, causal inferences, and predictions of events based on earlier occurrences are presented as evidence. We appraise the forms in which such assessments are presented, aspects of their admission into evidence, and the response to and evaluation of them by judges and juries.
