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Expert Witnesses and Intent

Kousser, J. Morgan (1987) Expert Witnesses and Intent. Social Science Working Paper, 635. California Institute of Technology , Pasadena, CA. (Unpublished)

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How should a historian or a judicial scholar try to determine the intent of defendants in a racial or sex discrimination lawsuit, or the framers of a law or constitutional provision? What can we learn by examining paradigm cases from the employment and voting rights areas, and the classic case of the intentions of the framers of the Fourteenth Amendment? Making use of models drawn from statistics and from rational choice theory, I examine the general contours of the Sears sex discrimination case, a voting rights suit from Selma, Alabama, and Raoul Berger's attempt to nullify Fourteenth Amendment jurisprudence in his Government by Judiciary. Sears' and Berger's methods and evidentiary conventions are shown to lead to biased results.

Item Type:Report or Paper (Discussion Paper)
Additional Information:Prepared for delivery at Ohio State University, April 24, 1987.
Group:Social Science Working Papers
Series Name:Social Science Working Paper
Issue or Number:635
Record Number:CaltechAUTHORS:20170911-145616658
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Usage Policy:No commercial reproduction, distribution, display or performance rights in this work are provided.
ID Code:81318
Deposited By: Jacquelyn Bussone
Deposited On:11 Sep 2017 23:24
Last Modified:03 Oct 2019 18:41

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