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Articles 1 - 30 of 137
Full-Text Articles in Law
Assessing Evidence Of Secondary Considerations, Jason Reinecke
Assessing Evidence Of Secondary Considerations, Jason Reinecke
Villanova Law Review
No abstract provided.
Revealing Realities Hidden Behind The Curtain Of Subjective Syndromes: The Seventh Circuit Changes The Narrative Around Expert Evidence On Battered Woman Syndrome In United States V. Dingwall, Keane Brazda
Villanova Law Review
No abstract provided.
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
Villanova Law Review
No abstract provided.
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
Villanova Law Review
No abstract provided.
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
Villanova Law Review
No abstract provided.
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Villanova Law Review
No abstract provided.
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
Villanova Law Review
No abstract provided.
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
Villanova Law Review
No abstract provided.
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal
No abstract provided.
#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan
#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan
Villanova Law Review
No abstract provided.
Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy
Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy
Villanova Law Review
No abstract provided.
Rule 706: An Underutilized Tool To Be Used When Partisan Experts Become "Hired Guns", Bradford H. Charles
Rule 706: An Underutilized Tool To Be Used When Partisan Experts Become "Hired Guns", Bradford H. Charles
Villanova Law Review
No abstract provided.
"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins
"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins
Villanova Law Review
No abstract provided.
Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher
Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher
Villanova Law Review
No abstract provided.
Rff Family Partnership, Lp V. Burns & Levinson, Llp: Massachusetts Constructs A Functional Framework For In-Firm Privilege And Exposes Other States' Need For Renovation, Kelsey Hughes-Blaum
Rff Family Partnership, Lp V. Burns & Levinson, Llp: Massachusetts Constructs A Functional Framework For In-Firm Privilege And Exposes Other States' Need For Renovation, Kelsey Hughes-Blaum
Villanova Law Review
No abstract provided.
Irreparable Misidentifications And Reliability: Reassessing The Threshold For Admissibility Of Eyewitness Identification, Jules Epstein
Irreparable Misidentifications And Reliability: Reassessing The Threshold For Admissibility Of Eyewitness Identification, Jules Epstein
Villanova Law Review
No abstract provided.
A Pennsylvania Road Construction Project Completed: The Attorney-Client Privilege In Pennsylvania Clarified As A Two-Way Street In Gillard V. Aig Insurance Co., Andrew Hubley
Villanova Law Review
No abstract provided.
Twenty-First Century Fingerprints: The Third Circuit's Approval Of Dna Collection Upon Arrest In United States V. Mitchell, Megan Pownall
Twenty-First Century Fingerprints: The Third Circuit's Approval Of Dna Collection Upon Arrest In United States V. Mitchell, Megan Pownall
Villanova Law Review
No abstract provided.
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Working Paper Series
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill
Working Paper Series
Carl F. Cranor’s Toxic Torts: Science, Law, and the Possibility of Justice is a sustained, comprehensive argument that the Daubert gatekeeping regime has tilted the playing field against injured plaintiffs in toxic tort litigation. More generally, Cranor joins those who argue that the Daubert regime has not fared well in practice. Complex scientific evidence is not handled well in trials because scientific methods, data, and inferential reasoning are not well understood by gatekeeping judges. Cranor’s goal is to help solve this problem by offering a detailed description of the patterns of reasoning, evidence collection, and inference in nonlegal scientific settings. …
Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill
Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill
Working Paper Series
Drawing on research into the use of experts in early 19th-century criminal trials, the image of mad alchemists in popular culture representations of science, and the distinction between empirical and contingent “interpretive repertoires” in the discourse of scientific controversies, this article explores the controversy over arsenic-detection technologies prior to the Marsh test. In addition to noting the predictable criticism of incompetent expertise in the service of law, this article highlights implied accusations of hubris and amorality on the part of over-confident experts, both in the early 19th-century and in today's crisis of forensic science.
Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke
Villanova Law Review
No abstract provided.
Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton
Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton
Villanova Law Review
No abstract provided.
Credibility: A Fair Subject For Expert Testimony?, Anne Poulin
Credibility: A Fair Subject For Expert Testimony?, Anne Poulin
Working Paper Series
This article explores the ways in which experts can assist the jury to assess the credibility of other witnesses and suggests analytical approaches to such expert testimony. The article argues that the courts should be more receptive to expert testimony bearing on witness credibility and engage in a more nuanced consideration of the role played by proffered expert testimony and how the role of the evidence affects its admissibility. Doing so should lead the courts to embrace the promise of the modern rules of evidence and permit experts to assist juries as they assess credibility.
Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller
Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller
Villanova Law Review
No abstract provided.
Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond
Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond
Villanova Law Review
No abstract provided.
Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill
Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill
Villanova Environmental Law Journal
No abstract provided.
Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole
Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole
Villanova Law Review
No abstract provided.