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Articles 1 - 11 of 11
Full-Text Articles in Law
Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing, Justin Amirian
Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing, Justin Amirian
Fordham Urban Law Journal
Lie detection; fMRI; Evidence; polygraph
Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West
Fordham Urban Law Journal
This Note addresses the diverging approaches to patent infringement damage calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle v. Google under Rule 706 of the Federal Rules of Civil Procedure. In contrast, Judge Posner of the Seventh Circuit recently dismissed the Apple v. Motorola lawsuit finding each party failed to present adequate evidence of their respective damages claims. Judge Koh of the Ninth Circuit took yet another approach using a more relaxed level of admissibility for expert testimony relating to infringement damage …
Leveraging Bias In Forensic Science, Roger Koppl
Leveraging Bias In Forensic Science, Roger Koppl
Fordham Urban Law Journal
Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Fordham Urban Law Journal
Part I, describes how the NAS Report characterizes “scientific culture.” I suggest that the described attributes of scientific culture are vague and unspecific, and that more thought is necessary to elucidate how they might map onto forensic science. In Part II, I suggest that the NAS Report’s characterization of “scientific culture” is based on popular accounts of science and “the scientific method.” I suggest that these accounts are incomplete, generally considered obsolete, and not particularly helpful in pointing a way toward reform of forensic science. In Part III, I posit a conception of science as work rather than method. In …
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
Fordham Urban Law Journal
This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Fordham Urban Law Journal
Part I of this Note discusses the evolution of Fourth Amendment jurisprudence in reaction to advancing technology, the Supreme Court and circuit courts’ disposition in dealing with electronic “beeper” tracking (the technology that predated GPS), and the legal doctrine governing the government’s use of cellular phones to conduct surveillance of individuals both retroactively and in real-time. Part II examines the developing split among the federal circuits and state courts over whether GPS surveillance of vehicles constitutes a search, as well as the parallel concerns raised in recent published opinions by magistrate judges as to whether government requests for cell-site information …
Forensic Science: Why No Research?, Paul C. Giannelli
Forensic Science: Why No Research?, Paul C. Giannelli
Fordham Urban Law Journal
The ground-breaking report on forensic science by the National Academy of Sciences—Strengthening Forensic Science in the United States: A Path Forward—raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles—in particular, to support claims with empirical research. This essay attempts to answer the “why” question: Why was there a lack of research across so many forensic disciplines? For purposes of discussion, the time frame is divided into an early period and a recent period. The line of demarcation between the two eras is the advent …
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Fordham Urban Law Journal
The notion of “error” and “error rates” is central both to the Daubert opinion and to the recent NAS Report on the strengths and weaknesses of forensic science in the United States. I will not be attempting a full-scale examination of the concept of error in this paper, however, I believe there are some observations that can be made that may be helpful in domesticating in helpful ways the notion of error as it might apply to forensic science expertise. I conclude that we should work to improve diagnosticity for old processes, or to invent or adopt new ones with …
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
Fordham Urban Law Journal
In Part I, I review the NRC’s stated reasons for giving the courts little or no role in improving forensic evidence and argue that these reasons cannot explain the fact that the same courts have played a significant role in policing expertise in civil cases. Why then have courts been so reluctant to exclude forensic expert evidence? I explore this question in Part II. I argue that two deep seated factors: (1) the courts’ contextual approach to know-ledge, and (2) the limited ability of science to provide causal answers about the particular case, limit the courts’ willingness to raise admissibility …
Assisted Reproductive Technologies And The Constitution, Carl H. Coleman
Assisted Reproductive Technologies And The Constitution, Carl H. Coleman
Fordham Urban Law Journal
This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court's interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regarding reproductive rights, including the unstated right to bear children as well as abortion rights. He extrapolates from these cases the Court's possible views on ARTs and what constitutional protections should be afforded reproductive technologies.
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii
Fordham Urban Law Journal
This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …