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Articles 1 - 7 of 7
Full-Text Articles in Litigation
Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq
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 …
Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow
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
Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi
Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi
The Journal of Appellate Practice and Process
No abstract provided.
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Barry Law Review
No abstract provided.
Hypnosis In Our Legal System: The Status Of Its Acceptance In The Trial Setting, Joel R. Hlavaty
Hypnosis In Our Legal System: The Status Of Its Acceptance In The Trial Setting, Joel R. Hlavaty
Akron Law Review
Hypnosis is a method of therapy which has been utilized by society for quite some time. Recently, it has gained popularity as a new device to be used in the trial setting. Although it is a legitimate method of therapy in the medical and psychological professions, in the hands of attorneys and the legal system it takes on a whole new life. This new life is plagued with questions of admissibility, reliability and suggestibility. This comment will examine these questions and the use of hypnosis in the various stages of trial. This paper will show that some courts hold such …
Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine
Georgia Journal of International & Comparative Law
No abstract provided.
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
The Journal of Appellate Practice and Process
No abstract provided.