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Law

Evidence

2001

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Full-Text Articles in Law

On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas Dec 2001

On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas

Alaska Law Review

No abstract provided.


The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert Dec 2001

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

Articles

There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …


Statistics, Not Experts, William Meadow, Cass R. Sunstein Nov 2001

Statistics, Not Experts, William Meadow, Cass R. Sunstein

Duke Law Journal

No abstract provided.


The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks Oct 2001

The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks

Law and Contemporary Problems

This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.


Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes Oct 2001

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.


Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging Oct 2001

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.


The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark Oct 2001

The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark

Law and Contemporary Problems

This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.


Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond Oct 2001

Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond

Law and Contemporary Problems

As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.


Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley Oct 2001

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.


Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis Oct 2001

Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis

William & Mary Law Review

No abstract provided.


Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras Jul 2001

Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras

University of Miami Law Review

No abstract provided.


The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman Jul 2001

The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman

University of Miami Law Review

No abstract provided.


Reply To Professor Ehrhardt, Michael D. Sanger Jul 2001

Reply To Professor Ehrhardt, Michael D. Sanger

University of Miami Law Review

No abstract provided.


Kumho And How We Know, Joseph Sanders Jul 2001

Kumho And How We Know, Joseph Sanders

Law and Contemporary Problems

No abstract provided.


Confusing Communications -- Analyzing South Carolina's Stance On Ex Parte Communication With Former Employees, Sharyn M. Epley Jul 2001

Confusing Communications -- Analyzing South Carolina's Stance On Ex Parte Communication With Former Employees, Sharyn M. Epley

South Carolina Law Review

No abstract provided.


Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger Jul 2001

Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger

Law and Contemporary Problems

No abstract provided.


Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger Jul 2001

Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger

University of Miami Law Review

No abstract provided.


When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt Jul 2001

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt

Scholarly Publications

Child sexual abuse prosecutions involve difficult societal issues as well as complex evidentiary and constitutional problems. The abusive act frequently occurs in private upon a young victim who proves an unpersuasive witness during a subsequent trial. Often only two eye witnesses exist, the victim and the accused, thus making the victim's credibility a critical issue. Because of the nature of these prosecutions, there has been a special focus on the principles regulating the admissibility of evidence in child abuse cases. Balancing the due process and constitutional rights of the accused against the interests of both the child and society in …


Response, Celina E. Contreras Jul 2001

Response, Celina E. Contreras

University of Miami Law Review

No abstract provided.


A Reply To Professor Capra, Joëlle Harvic Jul 2001

A Reply To Professor Capra, Joëlle Harvic

University of Miami Law Review

No abstract provided.


Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra Jul 2001

Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic Jul 2001

Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic

University of Miami Law Review

No abstract provided.


Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger Jul 2001

Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger

Law and Contemporary Problems

No abstract provided.


When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt Jul 2001

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt

University of Miami Law Review

No abstract provided.


Strange Bedfellows: Politics, Courts, And Statistics: Statistical Expert Testimony In Voting Rights Cases, Wendy K. Tam Cho, Albert H. Yoon Apr 2001

Strange Bedfellows: Politics, Courts, And Statistics: Statistical Expert Testimony In Voting Rights Cases, Wendy K. Tam Cho, Albert H. Yoon

Cornell Journal of Law and Public Policy

No abstract provided.


Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks Feb 2001

Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller Jan 2001

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Faculty Publications

No abstract provided.


Evidentiary Relevance, Morally Reasonable Verdicts, And Jury Nullification, Todd E. Pettys Jan 2001

Evidentiary Relevance, Morally Reasonable Verdicts, And Jury Nullification, Todd E. Pettys

Todd E. Pettys

In Old Chief v. United States, the Supreme Court stated that evidence offered by the Government in a criminal case has “fair and legitimate weight” if it tends to show that a guilty verdict would be morally reasonable. This Article focuses on that proposition. First, it discusses the ways in which Old Chief’s analysis rests upon a broadened understanding of evidentiary relevance. Second, it argues that significant theoretical difficulties impede any effort to determine whether evidence tends to show that a guilty verdict would be morally reasonable. Third, it argues that adopting Old Chief’s conception of relevance would necessitate significant …


Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski Jan 2001

Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski

Alani Golanski

Daubert requires the court to make judgments about scientific evidence. But judges, like jurors, are lay persons in relation to such evidence. So Daubert has been criticized as requiring too much of the court, and such alternatives as blue ribbon panels have been proposed. This article shows that, notwithstanding any problems that Daubert itself might have, the Daubert scholarship is significantly hampered by the way legal scholars categorize knowledge. A "contextualist" (as opposed to "invariantist") theory of knowledge is both philosophically best, and makes sense of law's relation to science.


Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda Jan 2001

Judicial Comments On Pending Cases: The Ethical Restrictions And The Sanctions – A Case Study Of The Microsoft Litigation, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.