Employees are often left unprotected from discrimination because they are unable to satisfy the requirement of causation. Courts have made clear that to obtain legal redress for discrimination, it is generally insufficient to show that a protected characteristic such as race or sex was a...

A central principle of U.S. law is that individuals should be judged in court based on their actions and not on their character. Rule 404 of the Federal Rules of Evidence therefore prohibits evidence of an individual’s previous acts to prove that the individual acted in accordance with a...

A central principle of U.S. law is that individuals should be judged in court based on their actions and not on their character. Federal Rule of Evidence 404 therefore prohibits evidence of an individual's previous actions to prove that the individual acted in accordance with a certain...

Quantitative empirical research is central to both legal scholarship and litigation, but there is little confidence in it. This is because researchers can manipulate data to arrive at any result they seek to find. The root of the problem is data fishing, the practice of using data to search for...

Damage awards for pain and suffering and punitive damages are notoriously unpredictable. Courts provide minimal, if any, guidance to jurors determining these awards, and apply similarly minimal standards in reviewing them. Lawmakers have enacted crude measures, such as damage caps, aimed at...