Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Law And The Art Of Modeling: Are Models Facts?, Rebecca Haw Allensworth
Law And The Art Of Modeling: Are Models Facts?, Rebecca Haw Allensworth
Vanderbilt Law School Faculty Publications
In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not 'findings of fact" deserving of deference on appeal. The four Justices writing in dissent disagreed, insisting that an assessment of how a model works and its ability to measure what it claims to measure are precisely the kinds of factual findings that the Court, absent clear error cannot disturb. Neither side elaborated on the controversy or defended its position doctrinally or normatively. That the highest Court could split 5-4 on such a crucial issue without even mentioning the stakes or the …