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Full-Text Articles in Law

Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye Jan 1981

Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye

Journal Articles

This article responds to L. Jonathan Cohen's critique of the author's position regarding the problem of naked statistical evidence. Cohen argues that the kind of probability at work in litigation does not conform to the axioms of mathematical probability. The author responds by suggesting that the familiar theory of probability needs no revision to account for the reluctance of a few courts to permit plaintiffs to prevail on the strength of background statistics alone. One need not adopt Dr. Cohen's esoteric mathematical structure to explain the burden of proof in civil cases. The article shows that whether or not one …


The Burden Of Proof In Sec Disciplinary Proceedings: Preponderance And Beyond, Gordon K. Eng Jan 1981

The Burden Of Proof In Sec Disciplinary Proceedings: Preponderance And Beyond, Gordon K. Eng

Fordham Law Review

No abstract provided.