Law Commons^™

Remembering Pether On Precedent: Crossing (National And Disciplinary) Borders, David S. Caudill

David S Caudill

No abstract provided.

Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill

David S Caudill

Questions regarding the ethical obligations, pitfalls, and dilemmas facing attorneys who become sports or entertainment agents are not new. However, despite a substantial discourse on the topic, the sense persists that being both a lawyer and an agent is problematic. The applicable laws, including ethical regulations, seem to be clear, but are subject not only to law‟s usual jurisdictional variations and interpretive instability, but also to the mediation of conventions or tacit understandings that pervade the sports and entertainment industries.

Controversial Defenses To Legal Malpractice Claims: Are Attorney-Experts Being Asked To Be Advocates?, David Caudill

David S Caudill

Attorney-experts in legal malpractice litigation are like many other experts. Although easily distinguishable from experts offering science-based testimony, attorney expertise is similar to that of witnesses offering experience-based testimony, and very much like the expertise of a physician in a medical malpractice case. An attorney-expert is, however, somewhat unique among experts in terms of the type of expertise offered, the inherent risk that the expert’s testimony will invade the province of the judge or jury, and, I believe, the risk of over-testifying. First, there is a problem of defining the attorney-expert’s “expertise” to ensure that the expert is not testifying …

Law, Science, And The Economy: One Domain?, David S. Caudill

David S Caudill

In an effort to explore the theoretical and practical promise of ignoring or erasing conventional boundaries and distinctions—such as law/society or inside/outside—in accounts of legal processes and institutions, I consider the problem of financial bias in scientific expertise. I first draw an analogy with science studies, and particularly Latour’s notion of science as a coproduction, which challenges the boundaries (i) between science and society, and (ii) between natural and social influences on the production of scientific knowledge. I then acknowledge the efforts of Philip Mirowski, in his concern that privatization trends degrade science, to overcome an individualistic perspective on financial …

Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill

David S Caudill

In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …

"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill

David S Caudill

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 …

Augustine And Calvin: Post-Modernism And Pluralism, David Caudill

David S Caudill

No abstract provided.

Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill

David S Caudill

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 …

Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David Caudill

David S Caudill

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. …

Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill

David S Caudill

No abstract provided.

Strategic Idealizations Of Science To Oppose Environmenal Regulation: A Case Study Of Five Tmdl Controversies, David S. Caudill, Donald E. Curley

David S Caudill

Proponents of environmental regulation have catalogued various strategies used by takeholders to delay or weaken regulatory efforts, including (1) manufacturing or magnifying uncertainty; (2) demanding “sound science” (and thereby imposing unreasonable standards of evidence); and (3) data quality initiatives that permit deconstruction of credible studies by highlighting inevitable assumptions, funding sources, and areas for further research. Such strategies can be termed “idealizations” of science insofar as they rely on an unrealistic image of good science as somehow capable of avoiding tentative conclusions, institutional interests, consensual assumptions, and the need for further research.

The question remains, however, when does an argument …

Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding

David S Caudill

No abstract provided.

Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue

David S Caudill

In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (1) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …

Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill

David S Caudill

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.

Race[,] Science, History, And Law, David S. Caudill

David S Caudill

No abstract provided.

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill

David S Caudill

No abstract provided.

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

David S Caudill

No abstract provided.

Stories About Science In Law: Literary And Historical Images Of Acquired Expertise, David Caudill

David S Caudill

Presenting examples of how literary accounts can provide a supplement to our understanding of science in law, this book challenges the view that law and science are completely different. It focuses on stories which explore the relationship between law and science, especially cultural images of science that prevail in legal contexts. Contrasting with other studies of the transfer and construction of expertise in legal settings, this book considers the intersection of three interdisciplinary projects: law and science, law and literature, and literature and science. Looking at the appropriation of scientific expertise into law from these perspectives, this book presents an …

Strategic Idealizations Of Science To Oppose Enviornmental Regulations: A Case Study Of Five Tmols, David Caudill

David S Caudill

No abstract provided.

On Realism's Own 'Hangover' Of Natural Law Philosophy: Llewellyn Avec Dooyeweerd, David Caudill

David S Caudill

No abstract provided.

Property: Cases, Documents, And Lawyering Strategies, David Caudill, David Crump, David Hricik

David S Caudill

No abstract provided.

Idealized Images Of Science In Law: The Expert Witness In Trial Movies, David Caudill

David S Caudill

No abstract provided.

Idealized Images Of Science In Law: Experts In Trial Movies, David S. Caudill

David S Caudill

No abstract provided.

Christian Legal Theory: The Example Of Dooyeweerd's Critique Of Romanist Individualism And Germanic Communitarianism In Property Law, David Caudill

David S Caudill

No abstract provided.

Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David Caudill

David S Caudill

No abstract provided.

Wolfe's Bonfire Of The Vanities As A Cle Ethics Text, David Caudill

David S Caudill

No abstract provided.

Neo-Calvinism And Science: A Christian Perspective On Post-Daubert Law/Science Relations, David Caudill

David S Caudill

No abstract provided.

Lacan, Law, And Science: Striking The Balance Between Real And Symbolic, David Caudill

David S Caudill

No abstract provided.

Sociotechnical Arguments In Scientific Discourse: Expert Depositions In Tobacco Litigation, David Caudill

David S Caudill

No abstract provided.

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David Caudill

David S Caudill

This article examines the ethical dimensions of the controversy over no-citation rules and current publication practices. In the literature concerning that controversy, ethical concerns are often mentioned, but usually in tandem with other concerns. Professor Caudill isolates and categorizes the different types of ethical dilemmas, and demonstrates that at different levels of the controversy, the ethical concerns are different. He identifies three levels--the controversy over no-citation rules, the broader controversy over publication practices, and the even broader controversy over privatization of law (the so-called disappearing trial, ADR, and the end of law as we know it).