Statistical evidence and the problem of robust litigation
提出一个硬证据披露、解释和管理的模型，分析在诉讼中硬证据何时能产生稳健价值，并发现当诉讼方私人信息强于证据表面价值时，硬证据可能产生误导，从而为排除某些相关证据的规则提供正当性。
Abstract We propose a new model of disclosure, interpretation, and management of hard evidence in the context of litigation and similar applications. A litigant has private information and may also possess hard evidence that can be disclosed to a fact‐finder, who interprets the evidence and decides a finding in the case. We identify conditions under which hard evidence generates value that is robust to the scope of rational reasoning and behavior. These fail if the litigant's private information is sufficiently strong relative to the “face‐value signal” of evidence, and then hard evidence may be misleading. Rules that exclude some relevant hard evidence can be justified.