Volume 55, Issue 3

Evidence, Probability, and the Burden of Proof

This Article analyzes the probabilistic and epistemological underpinnings of the burden of proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the…
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What’s Wrong with Stereotyping?

With neither statutory proscriptions to uphold nor a clear statement of what they were trying to do, federal judges in the United States have deemed stereotyping actionable at law. The…
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