Jonah Gelbach on the Judicial Evaluation of Statistical Evidence

In this episode, Jonah B. Gelbach, Professor of Law at University of California Berkeley School of Law, discusses his draft article "Estimation Evidence," which will be published in the University of Pennsylvania Law Review. Gelbach begins by explaining what "statistical estimation evidence" is and the different ways in which it can be evaluated. He explains how courts currently review the statistical estimation evidence in the summary judgment and judgment as a matter of law context, and why it is inconsistent with the "preponderance of the evidence" standard they purport to apply. He observes that courts can literally use Bayesian methods to evaluate statistical evidence, and that it is consistent with the preponderance standard. And he reflects on what this tells us about how to proceed from a policy standpoint. Contact Gelbach for a copy of this paper. You can also find his related paper "Legal Sufficiency of Statistical Evidence" (co-authored with Bruce Kobayashi). Gelbach is on Twitter at @gelbach.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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