Against the Alleged Insufficiency of Statistical Evidence

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level of certainty in a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down

Moral Market Design

We often encounter people who we believe are behaving immorally. We routinely try to change minds and often donate to charitable organizations that do the same. Of course, this does not always work. In a liberal, rights-based society, we have to tolerate this. But legal entitlements to act in ways that others find immoral are inefficiently allocated. For example, some meat-eaters value eating meat less than some vegetarians would be willing to pay them to stop. While many have written about the limits of the market, market design, and abuse of right, few have considered the sale of these entitlements. This article proposes a market-based solution, encouraging the sale of these entitlements under certain conditions. This would lead to improvements both on an economic efficiency analysis and on a moral analysis

Disagreement and Adjudication

Brief review of William Baude and Ryan Doerfler, Arguing with Friends, 117 Mich. L. Rev. 319 (2018

Nola / words by Felix Arndt

Key of D. Cover: a drawing of a womans Portrait (silhouette) in a oval design like a medallion; Publisher: Sam Fox Pub. Co. (Cleveland)https://egrove.olemiss.edu/sharris_c/1094/thumbnail.jp

Amie Gross, AIA / AB Architecture, 1975

The Micro Unit, New York, NY, Architect, January 2013. Making Room, New Models for Housing New Yorkers at the Museum of the City of New York in 2013 featured a full sized Micro Unit with architecture by Amie Gross Architects. Furniture/interior design was by Clei, Resource Furniture and Pierluigi Colombo. The exhibition a co-presentation with the Citizen’s Housing & Planning Council, offered new insights into how our changing social, economic and cultural lives are re-shaping our housing needs. Visitors to the exhibition were able to inhabit this full sized studio apartment of 325 square feet to understand that a small space can indeed be spacious. This 325 square foot studio designed for a single person or couple allows for the range of activities we associate with “home”. The studio’s L shape moves the bathroom out of view and allows for a spacious kitchen where full meals can be prepared. The wide living/sleeping/study area culminates at the terrace. This outdoor room expands the space of the apartment while increasing the sustainable elements inherent in an efficient space by maximizing sunlight and fresh air. The design of the unit creates spaces that celebrate both the active and quiet occurrences of dwelling. The change in ceiling heights and flooring materials, the strategic placement of walls, and the various types of lighting all contribute to creating discrete spaces for living and fully complies with the scores of regulations set by the over 6 regulatory bodies that apply to the design of housing in New York City.https://openscholarship.wustl.edu/wia_profiles/1001/thumbnail.jp

Pamela Freund / BA, 1985

Sun and Showers Asian Bistro, Taos, NM, Architect, 2005 Sustainable, Suave and Salvaged, this restaurant starts a new chapter for a city property that had been a drive-in fast food restaurant for more than 30 years- until the franchise abandoned the old structure. After removing the decrepit metal canopy and speakers, the concrete block building was gutted and renovated for the new kitchen and a new 1200 sf dining room was added. Inspired by heavily buttressed local churches, the building is a blend of Southwestern and Asian influences. Rather than supporting the building structurally, however, the buttresses at the Asian Bistro house the restrooms, a fireplace and a romantic dining nook. Dramatically carved panels behind the hostess desk simulate a waterfall while red willow twigs surround the wait station like dancing flames. This green renovation uses recycled styrofoam concrete forms for the exterior walls and ceiling tiles with 72% recycled content. Natural materials such as slate, ceramic tile, red willow accents and plaster with integral dyes complete the finishes. A stylish waterless urinal reduces water usage.https://openscholarship.wustl.edu/wia_profiles/1018/thumbnail.jp

Deborah Balters / BA in Architecture, 2007 / M.Arch 2011 + Sofia Balters / BA in Architecture, 2010

Before & After 2002: An Abridged Campus Archive Documenting the Tenure of Ren Levy | Lead Book Designers at Diller Scofidio + Renfro, Spring 2013 Deborah and Sofia Balters worked under the guidance of Elizabeth Diller to design and produce a tome documenting the evolution of the Lincoln Center campus over the last six decades. It was presented as a gift to Lincoln Center’s departing president, Reynold Levy in 2013. The book measures 7” by 10.5” large and 8” thick, weighs 18 lbs, and contains 2424 hand-bound pages of visual and written content. Its 24 chapters portray physical and ephemeral transitions that occurred on campus, documenting ‘Before and After’ Ren. ‘Before’ records a memory of the original construction at Lincoln Center and documents the campus’ inception and evolution up until Ren’s appointment as president. These pages are creme colored, serif fonted and demure. The ‘After’ section breaks from the architectural archive and is glossy, colored and dynamic. Images jump across each page; content sections are experiential. The dense volume demonstrates the impact DS+R’s renovation, and Reynold Levy’s tenure, had on Lincoln Center.https://openscholarship.wustl.edu/wia_profiles/1040/thumbnail.jp

Risa Honig, AIA / BA, 1982 / M.Arch, 1985

Battery Park City Ferry Terminal | New York, NY, Senior Project Architect, 2009 As Senior Project Architect in the Engineering/Architecture Design Division of The Port Authority of New York & New Jersey (PANYNJ), Risa led an in-house team of architects and designers, along with a multi-disciplinary team of outside consultants. The design was completed in 2000, however, as a result of 9/11 the project was put on hold and the facility was completed in 2009. The gorals for the project were to create a terminal with a pavilion-like feel that served as an extension of the Battery Park City esplanade. The terminal consists of a 160/ by 176\u27, 1200-ton holl and tensile fabric roof structure. It is designed to float, which proved to be innovative not only for the facility design, but for the construction as well. The terminal was built almost entirely off-site and shipped to its final location. The design criteria was established by the technical requirements needed for the function of the facility, as well as the aesthetic guidelines implemented by the Battery Park City Authority. Photography: (c) John Bartelstone Photography, LLChttps://openscholarship.wustl.edu/wia_profiles/1019/thumbnail.jp

Joan Krevlin, FAIA, LEED AP BD+C / Master of Architecture, 1978

New York Hall of Science Teaching Park, Partner-in-Charge. Phase I Kidpower! Playground Opened 1997. Phase II Garden of Science Opened 2007. The 60,000 sf Teaching Park at the New York Hall of Science, the largest science playground in the United States, encourages young visitors to learn principles of physics through interactive exhibits and architectural elements. The 30,000 square foot “Kidpower!” Playground was created to augment the interior exhibits of the Hall of Science, and was constructed for school age children. The complimentary “Garden of Science” uses landscape as the organizing element, and is designed to engage the curiosity of pre-school children. In the Garden of Science, opened in 2007, exuberant architectural interventions nest in a rolling landscape, creating a unique type of environment for play—and education. The pioneering design was informed by the latest research on the developmental abilities of preschoolers, specifically, how a child’s play contributes to the early formation of cognitive skills. The challenge was to create a playground that both encourages activity and sparks the imagination.https://openscholarship.wustl.edu/wia_profiles/1006/thumbnail.jp