Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

Washington University in St. Louis

Science and Technology Law

Articles 1 - 2 of 2

Full-Text Articles in Evidence

Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus Jan 1997

Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus

Washington University Law Review

This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility ...


The Debate In The Dna Cases Over The Foundation For The Admission Of Scientific Evidence: The Importance Of Human Error As A Cause Of Forensic Misanalysis, Edward J. Imwinkelried Jan 1991

The Debate In The Dna Cases Over The Foundation For The Admission Of Scientific Evidence: The Importance Of Human Error As A Cause Of Forensic Misanalysis, Edward J. Imwinkelried

Washington University Law Review

The first part of the Article addresses the threshold question of whether deficiencies in test protocol should affect the admissibility as well as the weight of scientific testimony. After surveying the empirical studies of laboratory proficiency, the Article concludes that correct test procedure is such a fundamental concern that it should impact the admissibility of scientific evidence. The second part of the Article turns to the question of whether the proponent or opponent should be allocated the burden of showing the analyst's compliance with proper scientific protocol. Analogizing to Federal Rule of Evidence 803(8) governing the hearsay exception ...