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Articles 1 - 12 of 12

Full-Text Articles in Law

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz Aug 2000

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Cornell Law Faculty Publications

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation ...


Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil Jun 2000

Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil

Washington and Lee Law Review

No abstract provided.


Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan Jun 2000

Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan

Washington and Lee Law Review

No abstract provided.


Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger Jun 2000

Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger

Washington and Lee Law Review

No abstract provided.


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Jun 2000

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Washington and Lee Law Review

No abstract provided.


The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman Jun 2000

The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman

Washington and Lee Law Review

No abstract provided.


The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon Jun 2000

The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon

Washington and Lee Law Review

No abstract provided.


Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding Jun 2000

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

Washington and Lee Law Review

No abstract provided.


Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks Jun 2000

Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks

Washington and Lee Law Review

No abstract provided.


How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders Jan 2000

How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders

Journal Articles

This essay is a response to Professor Edward Imwinkelried's article, "Should the Courts Incorporate a Best Evidence Rule into the Standard Determining the Admissibility of Scientific Testimony?: Enough is Enough When it is not the Best." The authors have two basic points. First, the authors wish to make it clear that they never proposed the "best evidence rule" that he so vigorously attacks, and they think his suggestion that they did so is strained. Second, they wish to reiterate that courts sometimes should do more than they have to ensure that expert testimony is reasonably sound. The important debate ...


Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jan 2000

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.


Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman Jan 2000

Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman

Articles

In this article, we analyze a problem related to DNA evidence that is likely to be of great and increasing significance in the near future. This is the problem of whether, and how, to present evidence that the suspect has been identified through a DNA database search. In our view, the two well-known reports on DNA evidence issued by the National Research Council (NRC) have been badly mistaken in their analysis of this problem. The mistakes are significant because the reports have carried great authority with American courts; moreover, the DNA Advisory Board of the FBI has endorsed the second ...