The Utilization Of Chiral Ion Mobility Spectrometry For The Detection Of Enantiomeric Mixtures And Thermally Labile Compounds, 2013 Florida International University
The Utilization Of Chiral Ion Mobility Spectrometry For The Detection Of Enantiomeric Mixtures And Thermally Labile Compounds, Howard K. Holness
FIU Electronic Theses and Dissertations
This dissertation utilized electrospray ion mobility mass spectrometry (ESI-IMS-MS) to develop methods necessary for the separation of chiral compounds of forensic interest. The compounds separated included ephedrines and pseudoephedrines, that occur as impurities in confiscated amphetamine type substances (ATS) in an effort to determine the origin of these substances. The ESI-IMS-MS technique proved to be faster and more cost effective than traditional chromatographic methods currently used to conduct chiral separations such as gas and liquid chromatography. Both mass spectrometric and computational analysis revealed the separation mechanism of these chiral interactions allowing for further development to separate other chiral compounds by …
Is Expert Evidence Really Different?, 2013 University of Virginia School of Law
Is Expert Evidence Really Different?, Frederick Schauer, Barbara A. Spellman
Notre Dame Law Review
The problem with expert evidence is not the inappropriateness of the Daubert approach. The narrow focus on Daubert is misplaced. The real problem is with the more deeply entrenched view that expert evidence should be excluded under circumstances in which analogous non-expert evidence would be admitted. Daubert embodies the distinction between expert and non-expert evidence, but it is that very distinction, and not just Daubert, that is the problem. Daubert has indeed transformed modern evidence law, but perhaps it has awakened us to the need for a more profound transformation, one in which the very foundations of treating expert …
The Misbegotten Judicial Resistance To The Daubert Revolution, 2013 George Mason University School of Law
The Misbegotten Judicial Resistance To The Daubert Revolution, David E. Bernstein
Notre Dame Law Review
This Article reviews the history of the evolution of the rules for the admissibility of expert testimony since the 1980s, the revolutionary nature of what ultimately emerged, and the consistent efforts by recalcitrant judges to stop or roll back the changes, even after Rule 702 was amended to explicitly incorporate a strict interpretation of those changes.
Part I reviews the law of expert testimony through the Supreme Court’s Daubert decision. Critics had charged for decades that the adversarial system was a failure with regard to expert testimony. Parties to litigation, they argued, often presented expert testimony of dubious validity because …
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, 2013 Alexander Blewett III School of Law at the University of Montana
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses the Montana hearsay exception for "dying declarations."
Ehearsay, 2013 William & Mary Law School
Developments In Massachusetts Evidence Law: You Be The Judge, 2013 Boston College Law School
Developments In Massachusetts Evidence Law: You Be The Judge, R. Michael Cassidy
R. Michael Cassidy
The New Rules For Admissibility Of Expert Testimony: Part Ii, 2013 Santa Barbara College of Law
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
Robert M. Sanger
As described in the last Criminal Justice column for the Santa Barbara Lawyer magazine, the California Supreme Court’s opinion in Sargon Enterprises v. University of Southern California, 55 Cal. 4th 747, 149 Cal. Rptr. 3d 614 (2012) made it clear that California is now, (and perhaps unsuspectingly has been for some time), a Daubert jurisdiction. This requires the trial court be the “gatekeeper” and make a determination as to the admissibility of scientific or expert testimony and to determine the limits of any testimony, if it is introduced. The Court held that there are essentially three criteria: The first criterion …
32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., 2013 University of Southern California
32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas
Thomas D. Lyon
Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, 2013 Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Masquerading Justiciability: The Misapplication Of State Secrets Privilege In Mohamed V. Jeppesen--Reflections From A Comparative Perspective, 2013 University of Georgia School of Law
Masquerading Justiciability: The Misapplication Of State Secrets Privilege In Mohamed V. Jeppesen--Reflections From A Comparative Perspective, Galit Raguan
Georgia Journal of International & Comparative Law
No abstract provided.
Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, 2013 Touro University Jacob D. Fuchsberg Law Center
Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow
Touro Law Review
No abstract provided.
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, 2013 Boston College Law School
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Robert Bloom
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether …
Jailhouse Informants, 2013 Boston College Law School
Inevitable Discovery: An Exception Beyond The Fruits, 2013 Boston College Law School
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Robert Bloom
No abstract provided.
Supplementing The Record In The Federal Courts Of Appeals: What If The Evidence You Need Is Not In The Record?, 2013 University of Arkansas at Little Rock William H. Bowen School of Law
Supplementing The Record In The Federal Courts Of Appeals: What If The Evidence You Need Is Not In The Record?, George C. Harris, Xiang Li
The Journal of Appellate Practice and Process
No abstract provided.
The New Rules For Admissibility Of Expert Testimony: Part I, 2013 Santa Barbara College of Law
The New Rules For Admissibility Of Expert Testimony: Part I, Robert Sanger
Robert M. Sanger
In a previous series of articles for this magazine, I took the position that California really was a Daubert jurisdiction in the sense that Kelly and Frye and thenexisting case law required that the court be the “gatekeeper” and make a determination as to: 1) whether a science (or area of expertise) was a science (or area of expertise); 2) whether the witness was a scientist (or expert); 3) whether the data was reliable; and then, and only then, 4) what a true scientist (or expert) could say based on the science and based on the reliable data. In the …
Evidence: Use Of Prior Consistent And Inconsistent Statements Under Massachusetts Law, 2013 Boston College Law School
Evidence: Use Of Prior Consistent And Inconsistent Statements Under Massachusetts Law, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., 2013 University of Southern California
31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, 2013 George Mason University School of Law
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Richard Faulk
Certainly, a number of lawyers from both sides of the bar believe that the Schultz decision is important. A review of the record in Schultz, however, reveals a relatively easy explanation for the decision—one that undermines its value as precedent. To understand why this is so, we must go back to the district court’s decision to grant Akzo Nobel’s motion for summary judgment and, with apologies to Paul Harvey, appreciate the “rest of the story.”
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, 2013 Washington and Lee University School of Law
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Brian C. Murchison
Not available.