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19 Mar 2022, 2:09 pm
The second edition of the Reference Manual on Scientific Evidence contained a chapter by the late Professor Margaret Berger, who took pains to point out the difference between agency assessments and the adjudication of causal claims in court: [p]roof of risk and proof of causation entail somewhat different questions because risk assessment frequently calls for a cost-benefit analysis. [read post]
3 Nov 2011, 11:53 am
Justice Eakin’s most memorable dissent I’m aware of was in Porreco v. [read post]