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Full-Text Articles in Evidence
A Non-Romantic View Of Expert Testimony, Lewis H. Larue, David S. Caudill
A Non-Romantic View Of Expert Testimony, Lewis H. Larue, David S. Caudill
Scholarly Articles
The Daubert trilogy as a whole deflects attention away from abstract identifications of scientific validity (including the demarcation controversy aimed at rooting out allegedly junk science from the courtroom), and toward the application of expertise to the particular case at hand. That emphasis on application is reflected as well in post-trilogy scholarship, wherein we see three patterns or contours that both help quiet the debates and provide useful guidance to judges and lawyers. First, there is a pragmatic recognition, in various forms, that the focus should be on how science is being used rather than on science in the abstract. …
Christian V. Gray: The Oklahoma Supreme Court Accepts The Daubert Standard, Debra W. Mccormick, Randon J. Grau
Christian V. Gray: The Oklahoma Supreme Court Accepts The Daubert Standard, Debra W. Mccormick, Randon J. Grau
Oklahoma Law Review
No abstract provided.
The Proportionate Trading Model: Real Science Or Junk Science, Brian P. Murray
The Proportionate Trading Model: Real Science Or Junk Science, Brian P. Murray
Cleveland State Law Review
The PTM has all the hallmarks of "real" science, using either a scientists' definition or that of the Daubert Court. From a scientist's perspective, it is a functional paradigm, serving as a working model. The practitioners in the field are engaged in "clean-up," for example, deciding which acceleration factor best fits observed data. Under the Daubert test, the PTM will assist the trier of fact, has been subjected to peer review (unlike the major critique), and has acceptable rates of error and general acceptance. Testifying experts may disagree as to which acceleration factor to use, but that is merely fair …