The Legal Relevance of Economics
Volume 93, No. 1, Fall 2020
Because scholars call for a conversation among different schools of economics, and jurors, in ascertaining truth, reason about the relevance of even conflicting expert testimony, this Article agues that judges should admit as legally relevant any proposed economic testimony—whether econometric or heterodox. Judges should, however, fashion jury instructions describing (but not advocating or criticizing) the witness’s “type” or “camp” of economic beliefs to ensure the economic testimony’s legal relevance.