Evidence Commons^™

Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq

barbara p billauer esq

Abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or ‘bad’ science from infiltrating the courtroom. To do so, the Judges must first determine what “science” is? And then, what ‘good science’ is? It is submitted that Daubert is seriously polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This inapt philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis. Among other problems, is the intolerance of Popper’s system for multiple causation, a key component of toxic- torts. Thus, the primary …

Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, Barbara P. Billauer Esq

barbara p billauer esq

Abstract: With ‘novel’ scientific discoveries accelerating at an unrelenting pace, the need for accessible and implementable standards for evaluating the legal admissibility of scientific evidence becomes more and more crucial. As science changes, legal standards for evaluating ‘novel’ science must be plastic enough to respond to fast-moving changes. This, ostensibly, was the Daubert objective. Since it was decided in 1993, however, Daubert’s impact has been hotly contested -- with plaintiffs and defendants each claiming the decision unfairly favors the other side. New approaches are constantly suggested to deal with the perceived impact, although there is no uniform consensus of exactly …

Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm

Jeffrey C. Grass JD, MS, ACLM

Since January 2014, nationwide law enforcement operations have been conducted targeting drug trafficking organizations operating in communities across the country. The Drug Enforcement Administration (“DEA”), Customs and Border Protection, Immigration and Customs Enforcement (“ICE”), Homeland Security Investigations (“HSI”), Federal Bureau of Investigation (“FBI”), Internal Revenue Service (“IRS”), with other federal, state, and local partners announced the culmination of Project Synergy Phase II, an ongoing law enforcement operation targeting every level of the global synthetic designer drug market. The DEA Special Operations Division (“SOD”) working with the DEA Office of Diversion Control (“ODC”) has served arrest and search warrants in thirty-five …

Mcfadden V. United States: Deconstructing Synthetic Drug Prosecutions, Jeffrey C. Grass Jd, Ms, Aclm

Jeffrey C. Grass JD, MS, ACLM

n order to convict an individual of distribution of a controlled substance analogue, must the government prove that the individual knew that the substance constituted a controlled substance analogue, or is it sufficient merely to prove that the individual distributed the substance with the intention that it be for human consumption?

Litigation Technology For The Modern Practitioner, Jonathan H. Lomurro Esq. Llm, Christopher T. Campbell Esq, Matthew K. Blaine Esq, Stephanie L. Lomurro Esq, Christina V. Harvey Esq

Jonathan H. Lomurro Esq. LLM

No abstract provided.

Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To The Property Owner, Hon. Mark Dillon

Hon. Mark C. Dillon

Plaintiffs that are injured as a result of encounters with "black ice," as distinguished from regular ice, face peculiar difficulties in establishing liability against property owners for the dangerous icy conditions on their premises. Black ice results from a unique process under certain conditions by which air bubbles are expelled from water during the freezing process, rendering the ice virtually invisible to the naked eye. Property owners therefore are not typically on actual or constructive notice of black ice conditions as to become subject to the legal requirement of undertaking measures to remedy the conditions. This article explores the law …

Discretion Abused: Reinterpreting The Appellate Standard Of Review For Hearsay, Matthew J. Peterson

Matthew J. Peterson

Matthew J. Peterson, Discretion Abused: Reinterpreting the Appellate Standard of Review for Hearsay

Abstract:

The decision by a federal a court to exclude or admit hearsay can be crucial to the case of either party. Despite this prospective impact, the federal courts of appeal currently defer to district courts’ expertise by reviewing a district court’s decision to admit or exclude hearsay for an abuse of discretion. Such deference often insulates district courts’ incorrect interpretation of the rule against hearsay and the improper application of the exclusions and exceptions to the rule from appellate reversal.

Lowering the standard of review for …

Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff

Theodore Y. Blumoff

Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge, …

Back To The Future: The Constitution Requires Reasonableness And Particularity—Introducing The “Seize But Don’T Search” Doctrine, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Issuing one-hundred or fewer opinions per year, the United States Supreme Court cannot keep pace with opinions that match technological advancement. As a result, in Riley v. California and United States v. Wurie, the Court needs to announce a broader principle that protects privacy in the digital age. That principle, what we call “seize but don’t search,” recognizes that the constitutional touchstone for all searches is reasonableness.

When do present-day circumstances—the evolution in the Government’s surveillance capabilities, citizens’ phone habits, and the relationship between the NSA and telecom companies—become so thoroughly unlike those considered by the Supreme Court thirty-four years …

Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun

Daniel M Braun

In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …

The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.

Justicia Militar Y Derechos Humanos, Claudio Fuentes Maureira

Claudio Fuentes Maureira

En diciembre de 2010 se publicó una reforma a la justicia militar que excluyó a los civiles de su jurisdicción, lo que fue celebrado por el Gobierno como un significativo paso hacia la democratización de esta jurisdicción, la misma que le valió a Chile una condena internacional en 2005. No obstante, mantuvo la competencia de tribunales militares para conocer delitos cometidos por miembros de las Fuerzas Armadas y de Orden, lo cual sigue estando por debajo de los estándares que obligan a Chile. A ello se suma que aún está pendiente la reforma orgánica y procedimental de la justicia militar, …

Comentario Del Fallo De La Corte De Apelaciones De Concepción Sobre Exclusión Probatoria En Juicios De Familia: ¿Realidad O Ficción?, Claudio Fuentes Maureira

Claudio Fuentes Maureira

El presente documento destaca la relevancia de una reciente sentencia de la Corte de Apelaciones de Concepción en materia de derecho procesal de Familia. En ella la Corte establece una sana línea jurisprudencial que fija una expectativa de conducta por parte del juez de familia respecto de cómo deben encarar el incidente de exclusión probatoria que se da en el contexto de la audiencia preparatoria. Asimismo, qué tipo de razonamiento deben llevar a cabo para resolver la solicitud de exclusión planteada y cuáles son los mínimos argumentos que su decisión de exclusión debe considerar.

A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …

Curtains, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

This is the story of life in all its glory and eternal ramifications. This is the story of us.

I Wept, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.

Vanity Of Vanities, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity

A Criminal Moment In Time, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …

Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system

Jury Continuum, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …

Consideraciones Entorno A La Idea Del Estándar De Convicción En El Proceso Civil / Some Thoughts About The Standard Of Proof In Civil Proceedings, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The paper’s main goal is to present to the Chilean legal community the concept and role of the standard of proof. Chile’s evidentiary system is derived from the Spanish legal tradition and specially the legal regulation of the evidence, in terms of its admissibility but also in terms of its weight. A concept of the standard was not needed until the judicial world start dealing with new evidentiary principles such us the free proof and sound criticism of the evidence.

In general terms the idea of the standard of proof pretends to answer a specific question: How much evidence is …

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Limites A La Vigencia Del Principio Contradictorio En Los Juicios De Familia / Limits To The Adversarial Ideal In The Family Courts, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The relevance of the adversarial ideal in the design of judicial proceedings is due to two major ideas: the right to a proper defence for the parties and the important role that the parties perform during the questioning and the control of the other party’s case. Once the relevance of the adversarial ideal is acknowledged, one could ask if this ideal is properly welcomed under the family procedure stated in the law. I propose that in order to answer this question properly, it is pertinent to use some sort of instrument to measure the amount of the adversarialness that the …

Informe De Funcionamiento De Los Tribunales De Familia De Santiago / Report On The Family Courts Of Santiago City, Claudio Fuentes Maureira, Felipe Marín Verdugo, Erick Rios Leiva

Claudio Fuentes Maureira

In October 2005, the Chilean government launched the new family courts. The new tribunals were the second major judicial reform that Chile’s executive power supported and it was a huge failure. The system collapsed after a couple of months, and in the beginning of the 2006, the executive branch called for a group of academics and experts to elaborate some kind of response.

After years of problems the authorities arrived at identifying the main problems, and because of that in September 2008 a new bill was enacted, containing modifications to the family law system. Also, the Supreme Court of Chile …

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …

Twenty-First Century Forensic Science Challenges For Trial Judges In Criminal Cases: Where The "Polybutadiene" Meets The "Bitumen", Hon. Donald E. Shelton

Hon. Donald E. Shelton

This artice discusses the challenges faced by trial judges in crimnal cases in fulfilling their Daubert "gatekeeping" role in the face of rapid advancements in forensic science. Admissibility questions for various forms of scientific evidence are reviewed, from DNA to fingerprints to social science "syndrome" evidence. The article discusses the pretrial issues presented by DNA databases, search issues and limitations problems as well as the impact of forensic science developments on juror expectations. Finally, forensic science issues regarding trial conduct are discussed, including voir dire, arguments and jury instructions,

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

Encarcelados Por Error, Felipe Marín

Felipe Marín Verdugo

No abstract provided.

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.