Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Office of the United States Courts (1)
- Admissibility (1)
- Bayes' Law (1)
- Bias (1)
- Causation (1)
-
- Damage (1)
- Damage award (1)
- Declaratory judgement action (1)
- Expert opinions (1)
- Infringement (1)
- Juror adjudication (1)
- Jury trial (1)
- Klein (Benjamin) (1)
- Patentee (1)
- Priest (George L.) (1)
- Reliability (1)
- Scientific evidence (1)
- Selection Effect Theory (1)
- Statistics (1)
- Testimony (1)
- Toxis torts (1)
- Validity (1)
Articles 1 - 2 of 2
Full-Text Articles in Judges
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
University of Michigan Journal of Law Reform
Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …