“Statistical Dueling” with Unconventional Weapons: What Courts Should Know about Experts in Employment Discrimination Class Actions

When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in systematic gender or racial disparities in pay and promotion. At class certification, plaintiffs have relied in part on statistical analyses of the company’s workforce showing companywide inequality. Defendants have responded with statistical presentations of their own, which frequently demonstrate widely varying outcomes for members of protected groups in different geographic areas of the company. These expert submissions usually suggest either that no problems exist, or that any discrimination is isolated and not attributable to institutional-level bias. In adjudicating between these competing visions, courts must referee what the Second Circuit terms “statistical dueling.” As we show in this paper, sometimes at least one of the parties is dueling with unconventional weapons. Using simulated data, we show why courts should become more critical of statistical expertise purporting to test for subunit differences, particularly when offered at the class certification phase of the case. Under some circumstances, the statistical approach often used to oppose class certification in employment discrimination litigation is guaranteed to support the defendant\u27s position, regardless of the actual facts of the case. Furthermore, some courts have improperly or unwittingly legitimized the use of this approach, even when it is demonstrably non-probative of the issues before the court. Courts need new ways to think about these problems -- approaches that better reflect the relevant legal framework and statistical principles

An Algorithm for the Syntactic Analysis in the R2 Information System

Coordinated Science Laboratory was formerly known as Control Systems LaboratoryJoint Services Electronics Program / DAAB-07-67-C-0199Office of Education / OE C-1-7-071213-455

The status of the world's land and marine mammals: diversity, threat, and knowledge

Knowledge of mammalian diversity is still surprisingly disparate, both regionally and taxonomically. Here, we present a comprehensive assessment of the conservation status and distribution of the world's mammals. Data, compiled by 1700+ experts, cover all 5487 species, including marine mammals. Global macroecological patterns are very different for land and marine species but suggest common mechanisms driving diversity and endemism across systems. Compared with land species, threat levels are higher among marine mammals, driven by different processes (accidental mortality and pollution, rather than habitat loss), and are spatially distinct (peaking in northern oceans, rather than in Southeast Asia). Marine mammals are also disproportionately poorly known. These data are made freely available to support further scientific developments and conservation action

Factors Associated with Revision Surgery after Internal Fixation of Hip Fractures

Background: Femoral neck fractures are associated with high rates of revision surgery after management with internal fixation. Using data from the Fixation using Alternative Implants for the Treatment of Hip fractures (FAITH) trial evaluating methods of internal fixation in patients with femoral neck fractures, we investigated associations between baseline and surgical factors and the need for revision surgery to promote healing, relieve pain, treat infection or improve function over 24 months postsurgery. Additionally, we investigated factors associated with (1) hardware removal and (2) implant exchange from cancellous screws (CS) or sliding hip screw (SHS) to total hip arthroplasty, hemiarthroplasty, or another internal fixation device. Methods: We identified 15 potential factors a priori that may be associated with revision surgery, 7 with hardware removal, and 14 with implant exchange. We used multivariable Cox proportional hazards analyses in our investigation. Results: Factors associated with increased risk of revision surgery included: female sex, [hazard ratio (HR) 1.79, 95% confidence interval (CI) 1.25-2.50; P = 0.001], higher body mass index (fo

Correction to: Cluster identification, selection, and description in Cluster randomized crossover trials: the PREP-IT trials

An amendment to this paper has been published and can be accessed via the original article

Sex Differences in the Allocation of Work Effort Among Professionals and Managers

The research reported here builds on our earlier work on sex differences in the allocation of effort. In our earlier analysis of data from a repre- sentative sample of the working population (Bielby and Bielby 1985), we found that women allocate significantly more effort to work than do men with comparable job and family responsibilities. We extend those findings with analyses of patterns of allocation of work effort among men and women professionals and managers

Sex Differences in the Allocation of Work Effort Among Professionals and Managers

The research reported here builds on our earlier work on sex differences in the allocation of effort. In our earlier analysis of data from a repre- sentative sample of the working population (Bielby and Bielby 1985), we found that women allocate significantly more effort to work than do men with comparable job and family responsibilities. We extend those findings with analyses of patterns of allocation of work effort among men and women professionals and managers