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Articles 1 - 12 of 12
Full-Text Articles in Evidence
Canudo On Evidence: Laws Of New York, Gary Shaw
Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas Shaffer
Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
Robert M. Sanger
As described in the last Criminal Justice column for the Santa Barbara Lawyer magazine, the California Supreme Court’s opinion in Sargon Enterprises v. University of Southern California, 55 Cal. 4th 747, 149 Cal. Rptr. 3d 614 (2012) made it clear that California is now, (and perhaps unsuspectingly has been for some time), a Daubert jurisdiction. This requires the trial court be the “gatekeeper” and make a determination as to the admissibility of scientific or expert testimony and to determine the limits of any testimony, if it is introduced. The Court held that there are essentially three criteria: The first criterion …
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Robert Bloom
No abstract provided.
The New Rules For Admissibility Of Expert Testimony: Part I, Robert Sanger
The New Rules For Admissibility Of Expert Testimony: Part I, Robert Sanger
Robert M. Sanger
In a previous series of articles for this magazine, I took the position that California really was a Daubert jurisdiction in the sense that Kelly and Frye and thenexisting case law required that the court be the “gatekeeper” and make a determination as to: 1) whether a science (or area of expertise) was a science (or area of expertise); 2) whether the witness was a scientist (or expert); 3) whether the data was reliable; and then, and only then, 4) what a true scientist (or expert) could say based on the science and based on the reliable data. In the …
The Admissibility Of Bayesian Likelihood Ratios, Robert Sanger
The Admissibility Of Bayesian Likelihood Ratios, Robert Sanger
Robert M. Sanger
As someone once said, “there are lies, damned lies and statistics.” Anyone who has tried a case where statistics are presented to the jury knows how powerful statistics can be. Jurors are generally not versed in statistics and are vulnerable to being misled. Ironically, judges may not be much better at identifying valid statistical analyses as opposed to bogus ones.
In this Criminal Justice column we will look at statistical analysis and its place in the courtroom. We will look at a recent decision of the British Courts and the implications for that type of thinking on American jurisprudence. To …
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David Caudill
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. …
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
David S Caudill
No abstract provided.
Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy
Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Speaking Science To Law, Deborah Hussey Freeland
Speaking Science To Law, Deborah Hussey Freeland
Deborah M. Hussey Freeland
involving a strong scientific consensus, the powerful qualities of scientific knowledge are easily lost in translation. Moreover, even prominent scientists who are committed to providing accurate information to legal fact-finders may suffer reputational harm simply for participating in an adversarial process.
This article analyzes the connection between law and science through the expert witness from the perspectives of epistemology and cross-cultural communication, focusing on the distinct ways in which scientists and lawyers know, value and express their knowledge. When a lawyer meets with a scientific expert witness, more confusion attends their interaction than either likely realizes. Linguistic translation is necessary--but …
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
R. Michael Cassidy
The legal profession is facing profound and perhaps irreversible changes. Whether you view these striking demographics as a “crisis” likely depends on the location of your perch. If you are a tenured professor at a T14 law school or a senior partner at an NLJ 250 firm, you may view the trends we have been discussing today as cyclical corrections. If you are an unemployed graduate looking for work or an untenured professor at a lower-tier school that is struggling to stay afloat, you may be more likely to view these trends as permanent and paradigm shifting.
While applications to …
Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague
Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague
Robert Sprague
Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.