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Full-Text Articles in Evidence

Scientific Evidence - An Introduction, Fredric I. Lederer Sep 2019

Scientific Evidence - An Introduction, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow Nov 2015

Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow

Curtis E.A. Karnow

Articles, books, and other online resources relating to expert testimony with a specific focus on problems with peer review, bad science, and statistics


Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, Barbara P. Billauer Esq Feb 2015

Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, 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 is ‘science’ and what is ‘good science.’ It is submitted that Daubert is deeply polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis, and an unworkable system of decision-making, which negatively impacts litigant expectations. Among other problems is the intolerance of Popper’s system for multiple causation, …


Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno Dec 2000

Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno

Joelle A. Moreno

The disjuncture between science and law became a significant practical, rather than theoretical, problem in 1993 when the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc. Daubert was a radical break from a tradition of judicial deference to scientific norms and conventions on questions of the admissibility of scientific evidence. The Court called upon the federal judiciary to slam the gate on all scientific evidence that is not "'scientific knowledge' . . . derived from the scientific method."' Since 1993, the Supreme Court has issued three opinions clarifying Daubert, and countless judges and legal commentators have wrestled with the …