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

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

Working Paper Series

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 ...


Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill Aug 2011

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

Working Paper Series

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 S. Caudill Oct 2009

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

Working Paper Series

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 ...


Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill May 2009

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

Working Paper Series

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.


Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke Jan 2009

Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke

Villanova Law Review

No abstract provided.


Credibility: A Fair Subject For Expert Testimony?, Anne Poulin Jul 2007

Credibility: A Fair Subject For Expert Testimony?, Anne Poulin

Working Paper Series

This article explores the ways in which experts can assist the jury to assess the credibility of other witnesses and suggests analytical approaches to such expert testimony. The article argues that the courts should be more receptive to expert testimony bearing on witness credibility and engage in a more nuanced consideration of the role played by proffered expert testimony and how the role of the evidence affects its admissibility. Doing so should lead the courts to embrace the promise of the modern rules of evidence and permit experts to assist juries as they assess credibility.


Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin Jan 2007

Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin

Villanova Law Review

No abstract provided.


Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill Jan 2007

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

Villanova Law Review

No abstract provided.


Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill Jan 2007

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

Villanova Environmental Law Journal

No abstract provided.


Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller Jan 2007

Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller

Villanova Law Review

No abstract provided.


Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole Jan 2007

Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole

Villanova Law Review

No abstract provided.


The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger Jan 2007

The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger

Villanova Law Review

No abstract provided.


Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond Jan 2007

Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond

Villanova Law Review

No abstract provided.


Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch Jan 2007

Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch

Villanova Law Review

No abstract provided.


Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine Jan 2006

Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine

Villanova Law Review

No abstract provided.


Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall Jan 2003

Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall

Villanova Law Review

No abstract provided.


The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens Jan 2001

The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens

Villanova Law Review

No abstract provided.


Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts Jan 2001

Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts

Villanova Environmental Law Journal

No abstract provided.


When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson Jan 2000

When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson

Villanova Environmental Law Journal

No abstract provided.


Deconstructing Hearsay's Structure: Toward A Witness Recollection Definition Of Hearsay, Marilyn J. Ireland Jan 1998

Deconstructing Hearsay's Structure: Toward A Witness Recollection Definition Of Hearsay, Marilyn J. Ireland

Villanova Law Review

No abstract provided.


Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie Jan 1993

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal

No abstract provided.


The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk Jan 1993

The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk

Villanova Environmental Law Journal

No abstract provided.


Deposing Expert Witnesses In Environmental Litigation, James B. Burns Jan 1993

Deposing Expert Witnesses In Environmental Litigation, James B. Burns

Villanova Environmental Law Journal

No abstract provided.


In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn Jan 1993

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal

No abstract provided.


Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski Jan 1987

Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski

Villanova Law Review

No abstract provided.


Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz Jan 1986

Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz

Villanova Law Review

No abstract provided.


Dead Men Tell Tales: Thirty Times Three Years Of The Judicial Process After Hillmon, Douglas D. Mcfarland Jan 1985

Dead Men Tell Tales: Thirty Times Three Years Of The Judicial Process After Hillmon, Douglas D. Mcfarland

Villanova Law Review

No abstract provided.


Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo Jan 1985

Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo

Villanova Law Review

No abstract provided.


The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey Jan 1981

The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Villanova Law Review

No abstract provided.


Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker Jan 1980

Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker

Villanova Law Review

No abstract provided.