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Too many probabilities: statistical evidence of tort causation.
From:
Law and Contemporary Problems
| Date:
September 22, 2001| Author:
Barnes, David W.
| COPYRIGHT 2001 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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DAVID W. BARNES [*]
I
INTRODUCTION
Judges and lawyers first encountering statistical evidence want to believe that scientific standards are tougher than legal standards. A court will reject an assumption that there is no causal connection between an act and an injury if the evidence makes causation "more likely than not." A scientist will reject an assumption that there is no relationship between two variables only if there is less than a five per...
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