Introduction: Three Contributions to Three Important Problems in Evidence Scholarship

This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, Professors Johan Bring and Colin Aitken explain how variations in the formulation of an issue-in this case an issue concerning drug quantities-can affect judgments about the sufficiency of evidence-here, statistical evidence. Third, the article coauthored by Mr. Christian Borgelt and Professor Rudolf Kruse examines the role of "association" and "causation" in inference.