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- Articles (15)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner
Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner
Nevada Supreme Court Summaries
No abstract provided.
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
Expert Testimony And Scientific Evidence, Lynn Mclain
Expert Testimony And Scientific Evidence, Lynn Mclain
All Faculty Scholarship
Handout from a day-long lecture on expert and scientific testimony at the Maryland Judicial Institute.
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr
Scholarly Works
The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …
Impeachment Of Witnesses: A Walking Tour, Lynn Mclain
Impeachment Of Witnesses: A Walking Tour, Lynn Mclain
All Faculty Scholarship
This handout from the Maryland State's Attorneys' Convention in 2003 summarizes the general methods of witness impeachment, who may be impeached, and impeachments by attacks on witnesses' character for truthfulness.
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alexander W. Scherr
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alexander W. Scherr
Popular Media
Never make predictions, especially about the future. But in civil commitments, courts predict future behavior all the time. Judicial action here has severe results for the individual: deprivation of liberty, potentially unwanted and intrusive treatment, and the stigma of mental illness. Judicial inaction can also do harm: erroneous release can lead to injury of the person or others. Resolving these risks requires courts to find the person poses a danger to him/herself or others because of a mental illness.
"Quick-Takes" On A Few Recent Decisions In Evidence Law ... And Rule 5-407, Lynn Mclain
"Quick-Takes" On A Few Recent Decisions In Evidence Law ... And Rule 5-407, Lynn Mclain
All Faculty Scholarship
Handout from the State and Local Government Law Institute covering recent (2003) Maryland evidence cases.
Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans
Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans
Cornell Law Faculty Publications
Jurors are laypersons with no specific expert knowledge, yet they are routinely placed in situations in which they need to critically evaluate complex expert testimony. This paper examines jurors' reactions to experts who testify in civil trials and the factors jurors identify as important to expert credibility. Based on in-depth qualitative analysis of interviews with 55 jurors in 7 civil trials, we develop a comprehensive model of the key factors jurors incorporate into the process of evaluating expert witnesses and their testimony. Contrary to the frequent criticism that jurors primarily evaluate expert evidence in terms of its subjective characteristics, the …
Post-Trilogy Science In The Courtroom, Part Ii: What Are The Judges Still Doing?, David S. Caudill, Lewis H. Larue
Post-Trilogy Science In The Courtroom, Part Ii: What Are The Judges Still Doing?, David S. Caudill, Lewis H. Larue
Scholarly Articles
Not available.
The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern
The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern
Faculty Scholarship
No abstract provided.
Eyewitness Identification: Expert Witnesses Are Not The Only Solution, Roger C. Park
Eyewitness Identification: Expert Witnesses Are Not The Only Solution, Roger C. Park
Faculty Scholarship
No abstract provided.
Cognitive Foundation Of The Impulse To Blame, Lawrence Solan
Cognitive Foundation Of The Impulse To Blame, Lawrence Solan
Faculty Scholarship
No abstract provided.
Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler
Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler
Articles & Chapters
No abstract provided.
Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson
Speeding In Reverse: An Anecdotal View Of Why Victim Impact Testimony Should Not Be Driving Capital Prosecutions, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Miranda's Demise, Steven D. Clymer
Miranda's Demise, Steven D. Clymer
Cornell Law Faculty Publications
Miranda v. Arizona has been a prominent fixture of the American criminal justice system, as well as police television shows and movies, for more than a third of a century. And when, amid considerable fanfare, the Supreme Court in June 2000 announced its decision in Dickerson v. United States, it appeared that Miranda would retain that status for the foreseeable future. In Dickerson, a surprisingly large 7–2 majority settled a long-standing debate about the constitutional legitimacy of Miranda, holding that the Miranda rules are firmly grounded in the Fifth Amendment’s self-incrimination clause.
But now, a mere three …
Trials And Tribulations: Science In The Law, Susan Haack
Trials And Tribulations: Science In The Law, Susan Haack
Articles
No abstract provided.
Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan
Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan
Faculty Publications
This article is the first comprehensive and critical analysis of the new exception to the hearsay rule that permits prosecutors to admit hearsay statements of absent witnesses when the defendant causes their unavailability at trial. The article develops the problems with the rule's overbroad language, its potential to admit unreliable hearsay and its relationship to the Confrontation Clause. These issues are of increasing interest to lawyers, judges and justices now that it is a federal rule and been adopted by ten states.
The first section is a comprehensive statement of the rule as now applied. The exception is traced from …
Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Ril
Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Ril
Law Faculty Research Publications
No abstract provided.
The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas
The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Journal Articles
Over the past decade, law enforcement authorities have amassed huge collections of DNA samples and the identifying profiles derived from them. Large DNA databanks routinely help to identify the guilty and to exonerate the innocent, but as the databanks grow, so do fears about civil liberties. Perhaps the most controversial policy issue in the creation of these databases is the question of coverage: Whose DNA profiles should be stored in them? The possibilities extend from convicted violent sex offenders to all convicted felons, to everyone arrested, to the entire population. This Article questions the rationales for drawing the line at …
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical -- And Not Just The Methodological Aspects Of Science, Lewis H. Larue, David S. Caudill
Scholarly Articles
In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (i) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …
Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman
Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …
Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice
Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby
The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby
Articles
No abstract provided.
Sometimes What Everybody Thinks They Know Is True, Roger C. Park
Sometimes What Everybody Thinks They Know Is True, Roger C. Park
Faculty Scholarship
No abstract provided.
Visions Of Applying The Scientific Method To The Hearsay Rule, Roger C. Park
Visions Of Applying The Scientific Method To The Hearsay Rule, Roger C. Park
Faculty Scholarship
No abstract provided.
Changing Scientific Evidence, Edward K. Cheng
Changing Scientific Evidence, Edward K. Cheng
Vanderbilt Law School Faculty Publications
A number of high-profile toxic tort cases, such as silicone breast implants, have followed a familiar and disturbing path: Early studies suggest a link between a suspected substance and a particular illness. Based on these initial studies, lawsuits are brought and juries award large judgments to various plaintiffs. Then later, more comprehensive studies find no evidence of a causal link. How should the legal system cope with this problem in which new scientific evidence calls into question previous findings of liability? These erroneous judgments seriously harm social welfare and legitimacy. Beneficial products are needlessly discontinued or are made more expensive, …
Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin
Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin
Articles
Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Publications
No abstract provided.
In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar
Articles
think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.