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Full-Text Articles in Law

Book Review, Lakshman D. Guruswamy Jan 1996

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.


Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross Jan 1996

Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross

Book Chapters

On its face, Daubert v. Merrell Dow Pharmaceuticals was about as easy a case as the Supreme Court gets. The plaintiff claimed that their birth defect were caused by the anti-nausea drug Bendectin, which their mothers had used during their gestation. In response to a motion for summary judgment by the defendant, the plaintiff presented affidavits of eight expert witnesses who offered their opinion - based on a variety of studies- that Bendectin was indeed the culprit. The federal district court that heard the motion granted summary judgment to the defendant, and the Ninth Circuit affirmed. Both lower court held …


Scientific Evidence Under Daubert., John H. Mansfield Jan 1996

Scientific Evidence Under Daubert., John H. Mansfield

St. Mary's Law Journal

The controversy over the proper standard for the admissibility of scientific evidence is an argument over the value of a jury trial compared with a bench trial or decisions by scientists. The argument has both a constitutional dimension in the provisions relating to a jury trial, compulsory process and due process, and a nonconstitutional dimension in the ordinary law of evidence. In the recent case of Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court took a different approach, basing its decision almost entirely on an interpretation of the particular words used in Rule 702 of the Federal …


Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen Jan 1996

Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen

Oklahoma Law Review

No abstract provided.