Expert statistical testimony and epidemiological evidence: The toxic effects of lead exposure on children
| Abstract | The past two decades have seen a dramatic growth in the use of statisticians and economists for the presentation of expert testimony in legal proceedings. In this paper, we describe a hypothetical case modeled on real ones and involving statistical testimony regarding the causal effect of lead on lowering the IQs of children who ingest lead paint chips. The data we use come from a well-known pioneering study on the topic and the analyses we describe as the expert testimony are similar to ones that can be found in major scientific journals. The battle of the experts in this hypothetical case resembles that which many encounter as expert witnesses. The paper concludes with some observations and advice. | |||||||||
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Axel Gelfert (2011). Expertise, Argumentation, and the End of Inquiry. Argumentation 25 (3):297-312.
Susan Haack (2008). Proving Causation: The Holism of Warrant and the Atomism of Daubert. Journal of Health and Biomedical Law 4:253-289.
David M. Godden & Douglas Walton (2006). Argument From Expert Opinion as Legal Evidence: Critical Questions and Admissibility Criteria of Expert Testimony in the American Legal System. Ratio Juris 19 (3):261-286.
Bruce D. Sales & Leonore Simon (1993). Institutional Constraints on the Ethics of Expert Testimony. Ethics and Behavior 3 (3 & 4):231 – 249.
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Tony Ward (2006). English Law's Epistemology of Expert Testimony. Journal of Law and Society 33 (4):572-595.
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