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19 May 2007

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Rick Lempert

One reason for the lack of formal hypothesis testing is that much ELS work seeks to sort out masses of data to paint a picture of what is going on. This can be an important contribution, but it need not call for formal hypothesis testing and it may be more honest to explore it as an effort at EDA rather than testing hypotheses. Other possible reasons include data availability and quality issues which mean that well-specified hypotheses cannot be constructed for testing either because crucial concepts can only be weakly operationalized or important control variables are lacking, and the fact that many lawyers are not deeply familiar with the sociological and other theoretical perspectives in which all but the simplest hypotheses should be rooted.

Rick

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