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The cp fails --- will be rejected and wont spill-up

Chien ‘19

(Colleen V. Chien, Justin D'Atri Visiting Professor of Business Law, Columbia Law School; Professor, Santa Clara University School of Law; 2013-2015 White House Senior Advisor, Innovation and Intellectual Property, “Rigorous Policy Pilots: Experimentation in the Administration of the Law, July, 2019, “104 Iowa L. Rev. 2313,” pg lexis//um-ef)

The previous Part addresses legal challenges to rigorous policy pilots. However, significant practical and institutional challenges to rigorous piloting will often attend. Recent research has found that people tend to view as inappropriate pilots that purport to randomize a treatment even when the underlying treatment is unobjectionable, 136suggesting that buy-in of the [*2336] relevant population, if required, will require education and communication. More upfront work is also required to make explicit the assumptions behind an intervention, and then to develop a strategy for testing them. Agencies carrying out rigorous tests must marshal resources, data, statistical expertise, support for departing from the status quo, and explanations for skeptics. 137There often will be no agreed upon measure of success. Even when there is, attrition, changed circumstances, poor design or a host of other factors can lead to a lack of inconclusive or null results. The results may be rejected. For example, in their review of the 50 or so randomized experiments in U.S. law that have ever been conducted, mostly in the field of criminal law and judicial procedure, Greiner and Matthews found a major problem to be the refusal of judges and lawyers to accept experimental results that did not jive with their sense of the "right answer." 138

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