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.

This classic text, first published in 1990, is designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law. The third edition includes over twenty new sections, including the addition of timely topics, like New York City police stops, exonerations in death-sentence cases, projecting airline costs, and new material on various statistical techniques such as the randomized response survey technique, rare-events meta-analysis, competing risks, and negative binomial regression. The book consists of sections of exposition followed by real-world cases and case studies in which statistical data have played a role. The reader is asked to apply the theory to the facts, to calculate results (a hand calculator is sufficient), and to explore legal issues raised by quantitative findings. The authors' calculations and comments are given in the back of the book. As with previous editions, the cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, sampling for insurance audits, and the death penalty. A chapter on epidemiology was added in the second edition. In 1991, the first edition was selected by the University of Michigan Law Review as one of the important law books of the year.

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 broadly, on law and social science. The same is true of practice. Where there are data to parse in a litigation, stat- ticians and other experts using statistical tools now frequently testify. And judges must understand them. In 1993, in its landmark Daubert decision, the Supreme Court commanded federal judges to penetrate scienti?c evidence and ?nd it “re- 2 liable” before allowing it in evidence. It is emblematic of the rise of statistics in the law that the evidence at issue in that much-cited case included a series of epidemiological studies. The Supreme Court’s new requirement made the Federal Judicial Center’s Reference Manual on Scienti?c Evidence, which appeared at about the same time, a best seller. It has several important chapters on statistics.

Statistics for Lawyers' is designated to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they as they have been applied in the law.

To reach reasoned decisions involving issues of public policy and law, statistical data and studies often need to be assessed for their accuracy and relevance. This two-volume set presents a unique and comprehensive treatment of statistical methods in legal practice. Designed to serve as a text or reference, the book presents basic concepts of probability and statistical inference applied to actual data arising from court cases concerning discrimination, trademark evidence, environmental and occupational exposure to toxic chemicals, and related health and safety topics. Substantial attention is devoted to assessing the strengths and weaknesses of statistical studies, with examples illustrating why some health studies may not have been properly designed at the outset and how actual decisions might have been reversed had more appropriate analysis of data been available to the court. This book will be of interest to lawyers and other practitioners of the law, as well as to students and researchers in the areas of statistics, statistical economics, political science, and law.