Thursday, June 11, 2009
Evidence Based Policy, Law, and Uncertainty
In some cases, incorporating systematic reviews into legal proceedings will be relatively easy. When the review conclusively (according to some decision rule) establishes that causation either exists or does not exist (or, more precisely, conclusively establishes such a finding for now), then the judge's next step is straightforward. The judge can include one side's testimony and exclude the other's, and the risk of jury confusion is low. But what happens when the systematic review returns an uncertain result--causation may exist, but the research base is currently too weak to say much either way?
Posted by John Pfaff on June 11, 2009 at 11:26 AM | Permalink
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A very interesting post. You might want to look at Stein & Porat, Tort Liability Under Uncertainty (Oxford 2001).
Posted by: Alexandra Lahav | Jun 11, 2009 2:23:34 PM