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Evidence Commons

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Full-Text Articles in Evidence

Courts' Evolving Roles In Daubert Decisions, Susan J. Becker Jan 1998

Courts' Evolving Roles In Daubert Decisions, Susan J. Becker

Law Faculty Articles and Essays

In Daubert, the Supreme Court interpreted Federal Rule of Evidence 702 to permit an arguably more-relaxed standard for the admission of expert scientific evidence than previously allowed under the popular Frye test.


Chicken Little's Revenge: Strict Judicial Scrutiny Of Scientific Evidence, Scott Charles Walker Jan 1993

Chicken Little's Revenge: Strict Judicial Scrutiny Of Scientific Evidence, Scott Charles Walker

Cleveland State Law Review

This note focuses on the current controversy over admissibility standards for novel scientific testimony. It will trace the development of legal standards for expert witness admissibility from the common law through the adoption of the Federal Rules of Evidence and to the current trend of strict judicial scrutiny. In addition, this note will analyze the issues before the United States Supreme Court in Daubert and will argue, in spite of indications to the contrary, that the Court should not be too quick to continue tightening the judicial noose on scientific experts. Finally, this note will dispute the utility of amending …


A Practical Approach To The Use Of Expert Testimony, Irving Younger Jan 1982

A Practical Approach To The Use Of Expert Testimony, Irving Younger

Cleveland State Law Review

I will raise the questions that a lawyer is likely to put to himself when preparing a case involving expert witnesses, followed by an explanation of how to deal with the expert witness in court. After raising particular issues, I will sketch out the answer that you will find, and since we need to look at some particular jurisdiction, I will pay attention to the federal jurisdiction and the twenty or so states that have enacted the Federal Rules of Evidence. Then, by way of contrast, I will refer to some New York cases, simply because first, I know them …