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Evaluating Scientific And Forensic Evidence, Richard H. Underwood Jul 2000

Evaluating Scientific And Forensic Evidence, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.

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High Profile Cases In A Technological Age, Susan Webber Wright Jun 2000

High Profile Cases In A Technological Age, Susan Webber Wright

Missouri Law Review

What I will try to describe this afternoon is the confluence of these two developments: the increased interest in courts, particularly the high-profile case, and the development and spread of sophisticated technology. As a social and public institution, the courts are obligated to address public demands not only by providing a forum for the administration of justice, but also by providing the means by which interested members of the public can observe court proceedings and gain access to public documents. I will describe some of the things courts are doing to respond to these demands. Next, I will try to …

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Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford Jan 2000

Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford

Faculty Publications

As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true. …

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