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QUANTITATIVE METHODS IN LAW - STUDIES IN THE APPLICATION OF MATHEMATICAL PROBABILITY AND STATISTICS TO LEGAL PROBLEMS.

NCJ Number
53468
Author(s)
M O FINKELSTEIN
Date Published
1978
Length
329 pages
Annotation
A SERIES OF ESSAYS ARE PROVIDED DEMONSTRATING THE POSSIBILITIES AND DIVERSITY OF A MATHEMATICAL APPROACH TO SUCH LEGAL DILEMMAS AS JURY DISCRIMINATION AND VOTING PROBLEMS IN REAPPORTIONMENT AND ELECTION CHALLENGES.
Abstract
ARGUING THAT LEGAL THOUGHT IS THREADED WITH ASSESSMENTS OF PROBABILITY AND DESCRIPTIONS OF A STATISTICAL NATURE, THE AUTHOR USES STATISTICAL ANALYSES TO DEMONSTRATE THAT TRUE LEGAL ISSUES OFTEN CANNOT BE UNDERSTOOD WITHOUT THE APPLICATION OF CERTAIN MATHEMATICAL METHODS (E.G., MULTIPLE REGRESSION ANALYSIS, ETC.). IN ADDITION TO JURY DISCRIMINATION AND VOTING PROBLEMS, A VARIETY OF QUANTITATIVE TECHNIQUES ARE APPLIED TO SUCH ISSUES AS THE MEANING OF 'PREPONDERANCE OF EVIDENCE,' THE PROBATIVE FORCE OF STATISTICAL IDENTIFICATION EVIDENCE, THE MEASUREMENT OF ECONOMIC CONCENTRATION, SOLVENCY CONTROLS FOR INSURANCE COMPANIES, MULTIPLE REGRESSION IN RATE-MAKING PROCEEDINGS, COMPENSATION FOR THE WRONGFUL DEATH OF CHILDREN, AND THE CONSTITUTIONALITY OF PLEA BARGAINING. TABULAR DATA, MATHEMATICAL FORMULAS, DETAILS OF THE ANALYSES, AND AN INDEX ARE PROVIDED. REFERENCES ARE FOOTNOTED. AN INDEX OF CASES IS ALSO INCLUDED. (KBL)

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