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Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Introduction, Shari S. Diamond, Richard O. Lempert
Introduction, Shari S. Diamond, Richard O. Lempert
Articles
Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
Articles
Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …