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The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait

Cardozo Law Review

Daubert's effect on forensic science is unclear because the opinion is unclear. The Daubert Court did start blazing a useful path by stating that before scientific testimony is admitted, the trial court must be convinced that "the reasoning or methodology underlying the testimony is scientifically valid and ... that [the] reasoning or methodology properly can be applied to the facts in issue." But the Court's trailblazing was incomplete and often misleading.

After Daubert: The Relevance And Reliability Of Genetic Information, Dorothy Nelkin

Cardozo Law Review

The United States Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., intended to replace the "austere" admissibility standard of Frye, directed federal judges to assess the scientific validity of the reasoning or methodology underlying expert testimony and its relevance to the facts at issue pursuant to the Federal Rules of Evidence. Daubert is particularly interesting with respect to the use of genetic information in the courtroom. While the most familiar use of such information is in the field of DNA forensics, genetic studies are increasingly cited in cases concerning family relationships and criminal responsibility.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried

Cardozo Law Review

On June 28, 1993, after much fanfare, the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The decision was not only preceded by intense media attention; the decision was also immediately followed by a massive-and growing-volume of commentary. As is usually true with landmark decisions, it is imperative to identify what the Court decided and what the Court left unresolved.

Dna And Daubert, Barry C. Scheck

Cardozo Law Review

The most intriguing aspect of Daubert v. Merrell Dow Pharmaceuticals, Inc. is that the Supreme Court never applied its new analytic framework for the admissibility of scientific evidence to the facts of the case. Either the deviltry, or the genius, of the Daubert decision lies in the details.

Conflict Resolution In The Courts: The Role Of Science, Anthony Z. Roisman

Cardozo Law Review

This Article is a philosophical examination of an issue that now engages many lawyers and scientists-the proper role of science in courtroom litigation. More specifically, the issue is this: In cases where expert testimony is useful to lay jurors in resolving factual issues, what is the proper role of a judge in restricting what sorts of experts can testify and what they can say?

Foreword: Perspectives On A Legal Revolution, Roger W. Findley

Loyola of Los Angeles Law Review

No abstract provided.

Ten Paradoxes Of Environmental Law, Kenneth A. Manaster

Loyola of Los Angeles Law Review

No abstract provided.

Radical Technology-Forcing In Environmental Regulation, Thomas O. Mcgarity

Loyola of Los Angeles Law Review

No abstract provided.

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Loyola of Los Angeles Law Review

No abstract provided.

The Nonequilibrium Paradigm In Ecology And The Partial Unraveling Of Environmental Law, A. Dan Tarlock

Loyola of Los Angeles Law Review

No abstract provided.

Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz

University of Miami Law Review

No abstract provided.

A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin

Dalhousie Law Journal

In the 1990s, "identity" has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and …

Siberian Tigers And Exotic Birds: Ronald Dworkin's Map Of The Sacred, Hester Lessard

Dalhousie Law Journal

At its most abstract, Life's Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom is a meditation on the nature of individual freedom. However, as author Ronald Dworkin explains at the end of Chapter One, he believes in doing philosophy in much the same way common law jurists believe in doing law-from the inside out-that is, by starting with a concrete problem and then proceeding to the more general questions raised by that problem. According to Dworkin, this generates a theory that is appropriately tailored to the issue, "Savile Row" so to speak, rather than "Seventh Avenue," and thus a …

Development Vs. Conservation: The Future Of The African Elephant, Patty F. Storey

William & Mary Environmental Law and Policy Review

No abstract provided.

The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen

Washington Law Review

In State v. Cauthron, the Washington Supreme Court issued its first opinion concerning forensic DNA evidence. The court clearly held that the principles underlying DNA evidence and the restricted fragment length polymorphism (RFLP) method of DNA typing are generally accepted in the scientific community and are therefore admissible under the Frye test. The court refused to find that the trial court had properly admitted DNA evidence, however, because testimony that the suspect's DNA "matched" the perpetrator's was not supported by probability statistics. This Note demonstrates that the court was unclear in its discussion of when probability statistics meet the Frye …

Law, Culture, And Harassment, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Land Ethic And American Agriculture, N. William Hines

Loyola of Los Angeles Law Review

No abstract provided.

Employment Discrimination Against Lesbians And Gays: The Incomplete Legal Responses Of The United States And The European Union, David A. Landau

Duke Journal of Comparative & International Law

No abstract provided.

Brief For Appellee: Sixth Annual Pace National Environmental Moot Court Competition, Catherine Andrew, Julie Litwin, David E. Peck

Pace Environmental Law Review

No abstract provided.

Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer

Cardozo Journal of International and Comparative Law

The note draws parallels between the atrocities committed during the Holocaust and the ongoing violence in Bosnia, emphasizing the need for international accountability. It advocates for the establishment of a War Crimes Tribunal, modeled after the Nuremberg Tribunal, to prosecute individuals responsible for genocide and other war crimes. The analysis critiques the international community’s inaction and underscores the importance of upholding international law to prevent future atrocities.

Ain't?, Susan Grover

Faculty Publications

No abstract provided.

Environmental Ethics, Legal Ethics, And Codes Of Professional Responsibility, J. William Futrell

Loyola of Los Angeles Law Review

No abstract provided.

Protecting The Environment—What Does That Mean, William F. Pedersen

Loyola of Los Angeles Law Review

No abstract provided.

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier

Cardozo Journal of International and Comparative Law

The article explores the evolution of enterprise liability in German law, emphasizing its shift towards organizational defects and management systems. It highlights the integration of ecoaudits and environmental management systems to enhance protection, blending strict and fault-based liability. While effective in preventing damage, the system faces challenges in addressing environmental harm due to evidentiary burdens on victims.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Redefining The Bases For Admissibility Of Expert Scientific Testimony, Clifton T. Hutchinson, Danny S. Ashby

Cardozo Law Review

Daubert v. Merrell Dow Pharmaceuticals, Inc. is not only, or even primarily, a case about the viability of Frye v. United States and "general acceptance" as the criterion for evaluating expert testimony. Principally, it is a case about the preconditions of Federal Rule of Evidence 702, the sole provision in the Federal Rules that authorizes the use of expert testimony. The question as framed by petitioners in the course of argument was whether trial courts may screen scientific expert testimony under any real test. The Supreme Court answered this question strongly in the affirmative.

Petitioners' recurring theme was that Rule …

Solomon Meets Galileo (And Isn’T Quite Sure What To Do With Him), Brian Stuart Koukoutchos

Cardozo Law Review

Unlike most of the other panelists, I am neither a tort lawyer nor an evidence scholar. I became involved in Daubert v. Merrell Dow Pharmaceuticals, Inc. because I am a Supreme Court advocate and was asked to author a brief amici curiae on behalf of an eclectic group of physicians, scientists, historians of science, and sociologists of science who were dismayed by the Ninth Circuit's opinion and wished to advise the Supreme Court on the nature of science and its uses in the courtroom. Accordingly, I am not particularly interested in engaging in the sort of spin-control about Daubert that …

Confessions And The Mentally Retarded Capital Defendant: Cheating To Lose, Silvia Linda Simpson

Capital Defense Journal

No abstract provided.

Pluralism, Private Schools And Public Policy, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.