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Full-Text Articles in Law
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Genocide Studies and Prevention: An International Journal
Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …
Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers
Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers
University of Michigan Journal of Law Reform
In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right) that corresponds to the category displayed …
New Rules Of War In The Battle Of The Experts: Amending The Expert Witness Disqualification Test For Conflicts Of Interest, Nina A. Vershuta
New Rules Of War In The Battle Of The Experts: Amending The Expert Witness Disqualification Test For Conflicts Of Interest, Nina A. Vershuta
Brooklyn Law Review
In civil litigation, the big business of retaining experts has raised concerns about the integrity of the adversarial process and undermined the role that expert testimony plays at trial. Due to a rising demand for expert testimony, it is common for the same expert to testify for opposing clients. When a client hires an expert who has been previously retained by that client’s adversary, a conflict of interest arises. Such experts may share confidential information with their new client to the detriment of the former client—triggering the expert disqualification test for conflicts of interest. Most state and federal courts do …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent
Washington and Lee Law Review
No abstract provided.
Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait
Campbell Law Review
Part I of this Article will analyze Melendez-Diaz with a focus on extracting indicators within the opinion that lend guidance as to how the opinion could be extended to Bullcoming and to expert testimony based on forensic reports in controlled substance cases. Part II will provide an overview of the tests utilized by the SBI to determine the nature and quantity, if any, of suspected controlled substances with the goal of ascertaining who, under Melendez-Diaz, should be subject to confrontation. Part III will provide a prediction of the outcome in Bullcoming. Finally, Part IV will review the pending cases from …
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
Washington and Lee Law Review
No abstract provided.
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Cleveland State Law Review
This article considers the question: "What are the legal and ethical responsibilities of attorneys when offering scientific expert evidence to courts?" To a lesser extent it considers the responsibilities of attorneys to challenge such evidence when proffered and the ethical dimensions of the working relationship of lawyers and experts. Although the most prominent discussions of such issues have concerned so-called junk science in civil trials, the legal context upon which this article will focus is the criminal trial, where dubious science is more common, less questioned, and has even become institutionalized. The rules and practices of civil cases are provided …
The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon
The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon
Washington and Lee Law Review
No abstract provided.
Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks
Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks
Washington and Lee Law Review
No abstract provided.
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Washington and Lee Law Review
No abstract provided.
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Washington and Lee Law Review
No abstract provided.
Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger
Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger
Washington and Lee Law Review
No abstract provided.
Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil
Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil
Washington and Lee Law Review
No abstract provided.
Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin
Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin
Washington and Lee Law Review
No abstract provided.
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
Seattle University Law Review
The Washington litigation process places a premium on the skillful management of expert witnesses. Testimony presented by such witnesses is both readily admissible and virtually unlimited in scope. Washington's adoption of the new Rules of Evidence can only serve to reinforce the current practice. Since most litigated cases involve substantial factual disputes, the development and presentation of expert testimony should be a major concern of all trial attorneys. The importance of trial examination has never been underrated. That part of the litigation process is one that all attorneys relish. The skillful management of expert witnesses, however, involves far more than …
Impeaching The Professional Expert Witness By A Showing Of Financial Interest, Michael H. Graham
Impeaching The Professional Expert Witness By A Showing Of Financial Interest, Michael H. Graham
Indiana Law Journal
No abstract provided.
Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive
Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive
Michigan Law Review
It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …
The Psychologist: A Neglected Legal Resource, Eugene E. Levitt
The Psychologist: A Neglected Legal Resource, Eugene E. Levitt
Indiana Law Journal
No abstract provided.
Expert Opinion From The Defendant-Physician
Expert Opinion From The Defendant-Physician
Washington and Lee Law Review
No abstract provided.
Ril Vs. The Expert Witness In Malpractice Cases
Ril Vs. The Expert Witness In Malpractice Cases
Washington and Lee Law Review
No abstract provided.
Proving The Falsity Of Advertising: The Mcannulty Rule And Expert Evidence
Proving The Falsity Of Advertising: The Mcannulty Rule And Expert Evidence
Indiana Law Journal
No abstract provided.