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August 08, 2010


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Nice post.

Love how you ditch the social sciences though and then link to an argument (Volokh) you like that highlights the role of confirmation bias, no doubt a phenomenon tested and confirmed by social science research.

Ah! And from Lithwick's piece:

"...what really won out today was science, methodology, and hard work." Expert witnesses for the plaintiff included "including historians, economists, psychologists, and a political scientist."

But yeah, they were probably totally superfluous to the case... ;)

I guess I'll be the pessimist in the group and say I can see the SC ignoring science and arguing in the majority opinion something about "society's interest in the raising of children, blah blah blah" even though there would, of course, be no studies available to back up such a claim.

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