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Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito Apr 2024

Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito

Pepperdine Law Review

With the rapidly expanding sophistication of artificial intelligence systems, their reliability, and cost-effectiveness for solving problems, the current trend of admitting testimony based on artificially intelligent (AI) systems is only likely to grow. In that context, it is imperative for us to ask what rules of evidence judges today should use relating to such evidence. To answer that question, we provide an in-depth review of expert systems, machine learning systems, and neural networks. Based on that analysis, we contend that evidence from only certain types of AI systems meet the requirements for admissibility, while other systems do not. The break …


"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill Jul 2018

"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …


Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger Apr 2016

Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger

Touro Law Review

No abstract provided.


"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein Mar 2016

"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein

Touro Law Review

No abstract provided.


Introduction, Miriam F. Miquelon-Weismann Dec 2014

Introduction, Miriam F. Miquelon-Weismann

University of Massachusetts Law Review

Legal educators increasingly use the classroom to import expertise from scientists and social scientists to better prepare law students to engage in specialized and collaborative fields of practice. Indeed, this project grew out of a paper course on Scientific Evidence in Civil and Criminal Cases offered during the spring 2006 semester at the law school. Students heard from accident reconstruction experts, DNA scientists, forensic pathologist and medical malpractice experts. In February 2006, Dr. Aaron Lazare, Dean and Chancellor at the University of Massachusetts, addressed the law school on a cutting-edge legal theory from his recently published book, “On Apology.” Stimulated …


Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton Nov 2014

Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton

University of Richmond Law Review

No abstract provided.


The Impact Of Daubert On The Admissibility Of Behavioral Science Testimony, Henry F. Fradella, Adam Fogarty, Lauren O'Neill Apr 2012

The Impact Of Daubert On The Admissibility Of Behavioral Science Testimony, Henry F. Fradella, Adam Fogarty, Lauren O'Neill

Pepperdine Law Review

No abstract provided.


Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner Mar 2012

Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner

Pepperdine Law Review

No abstract provided.


Civil Practice And Procedure, Hon. Jane Marum Roush Nov 2009

Civil Practice And Procedure, Hon. Jane Marum Roush

University of Richmond Law Review

No abstract provided.


Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke Jan 2009

Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke

Villanova Law Review

No abstract provided.


Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller Jan 2007

Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller

Villanova Law Review

No abstract provided.


Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond Jan 2007

Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond

Villanova Law Review

No abstract provided.


Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill Jan 2007

Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill

Villanova Environmental Law Journal

No abstract provided.


Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole Jan 2007

Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole

Villanova Law Review

No abstract provided.


Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch Jan 2007

Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch

Villanova Law Review

No abstract provided.


Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill Jan 2007

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill

Villanova Law Review

No abstract provided.


The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger Jan 2007

The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger

Villanova Law Review

No abstract provided.


Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin Jan 2007

Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin

Villanova Law Review

No abstract provided.


Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine Jan 2006

Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine

Villanova Law Review

No abstract provided.


Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall Jan 2003

Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall

Villanova Law Review

No abstract provided.


Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts Jan 2001

Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts

Villanova Environmental Law Journal

No abstract provided.


When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson Jan 2000

When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson

Villanova Environmental Law Journal

No abstract provided.


Rule 702: Testimony By Experts Jan 1996

Rule 702: Testimony By Experts

Touro Law Review

No abstract provided.


Rule 803(18): Learned Treatises Jan 1996

Rule 803(18): Learned Treatises

Touro Law Review

No abstract provided.


In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn Jan 1993

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal

No abstract provided.


The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk Jan 1993

The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk

Villanova Environmental Law Journal

No abstract provided.


Deposing Expert Witnesses In Environmental Litigation, James B. Burns Jan 1993

Deposing Expert Witnesses In Environmental Litigation, James B. Burns

Villanova Environmental Law Journal

No abstract provided.


Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie Jan 1993

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal

No abstract provided.


The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey Jan 1981

The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Villanova Law Review

No abstract provided.


Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy May 1942

Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy

Michigan Law Review

As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …