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Evidence

Series

Penn State Law

Frye

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Cell Phones, Brain Cancer, And Scientific Outliers In Murray V. Motorola, David H. Kaye Jan 2015

Cell Phones, Brain Cancer, And Scientific Outliers In Murray V. Motorola, David H. Kaye

Journal Articles

Pending before the District of Columbia's highest court in a case asking whether cell phones can cause cancer is whether to replace the jurisdiction's venerable Frye standard for reviewing the admissibility of scientific evidence with the approach adopted by the U.S. Supreme Court in Daubert v. Merrell Dow. The author analyzes one aspect of the two evidentiary standards that leads him to question the trial judge's suggestion in Murray v. Motorola that adopting the Daubert perspective would allow greater leeway in excluding the plaintiff's evidence.


Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye Jan 2001

Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye

Journal Articles

This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown to be …