Explanations and the Preponderance Standard: Still Kicking Rocks with Dr. Johnson

This paper responds to a previously unpublished article by the late evidence scholar and our friend Craig Callen Craig's article and our response will be published in the Seton Hall Law Review in a symposium issue dedicated to the work of Michael Risinger We thank Michael for unearthing Craig's manuscript"”which discusses our theory of juridical proof in terms of the relative plausibility of competing explanations"”and for inviting us to respond In this response we discuss developments in the literature since the manuscript was written and we explain how our theory accommodates the concerns Craig raises regarding sufficiency of the evidence Our discussion focuses as does Craig's article on motions for summary judgment and judgment as a matter of law using employmentdiscrimination cases as illustrative