Detection and Correction of Case-Publication Bias

Authors

• Edward K. Cheng, Vanderbilt University Law School

Document Type

Article

Publication Title

Journal of Legal Studies

Publication Date

1-2018

ISSN

0047-2530

Page Number

151

Keywords

case-publication bias, legal databases, collection-selection

Disciplines

Law | Legal Ethics and Professional Responsibility | Legal Writing and Research

Abstract

The article proceeds as follows. Section 2 motivates the study by de scribing the reasons why case publication bias may be especially acute in the evidentiary context. Section 3 discusses methods for detecting and correcting publication bias. It surveys existing approaches, introduces the intuition behind MSE, and then develops a series of detection models. Section 4 turns to applications. To validate the method, I first apply the proposed model to simulated data sets in which I control the level of publication bias present. I then apply the model to a newly compiled data set of evidentiary rulings dealing with false confession expert testimony (FCET). Section 5 discusses the assumptions and limitations of the model and some of the policy implications arising out of the results.

Recommended Citation

Edward K. Cheng, Detection and Correction of Case-Publication Bias, 47 Journal of Legal Studies. 151 (2018)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1736