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Evidence Commons

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Full-Text Articles in Evidence

Gatekeeping & Class Certification: The Eleventh Circuit’S Stringent Approach To Admitting Expert Evidence In Support Of Class Certification, Pravin Patel, Mark Pinkert, Patrick Lyons May 2024

Gatekeeping & Class Certification: The Eleventh Circuit’S Stringent Approach To Admitting Expert Evidence In Support Of Class Certification, Pravin Patel, Mark Pinkert, Patrick Lyons

University of Miami Law Review

Federal Rule of Civil Procedure 23 is silent on whether evidence offered in support of a motion for class certification must be admissible under the Federal Rules of Evidence. The Supreme Court has not addressed this issue, and there is currently no authoritative framework for incorporating all or some of the federal evidentiary rules into the class certification process. Resultantly, circuit courts are split on this question and have coalesced among several different approaches. The Eleventh Circuit follows a rigorous evidentiary standard in which evidence offered in support of class certification generally must be admissible under the Federal Rules of …


A Match Made On Earth: Getting Real About Science And The Law, Susan Haack Jan 2013

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

Articles

Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …


Trials And Tribulations: Science In The Law, Susan Haack Jan 2003

Trials And Tribulations: Science In The Law, Susan Haack

Articles

No abstract provided.