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Full-Text Articles in Law
The Parliament Of The Experts, Adrian Vermeule
The Parliament Of The Experts, Adrian Vermeule
Duke Law Journal
In the administrative state, how should expert opinions be aggregated and used? If a panel of experts is unanimous on a question of fact, causation, or prediction, can an administrative agency rationally disagree, and on what grounds? If experts are split into a majority view and a minority view, must the agency follow the majority? Should reviewing courts limit agency discretion to select among the conflicting views of experts, or to depart from expert consensus? I argue that voting by expert panels is likely, on average, to be epistemically superior to the substantive judgment of agency heads, in determining questions …
Is It Wrong To Sue For Rape?, Tom Lininger
Is It Wrong To Sue For Rape?, Tom Lininger
Duke Law Journal
The title of this Article poses a rhetorical question. Of course it is not improper to site a rapist. The act of rape qualifies as a tort in all fifty states. Rape causes egregious injuries, both physical and psychological. The Supreme Court regards rape as the ultimate violation of personal autonomy. Other than homicide, no act is more plainly tortious. Yet the criminal justice system is surprisingly hostile to civil suits by rape survivors. Judges in criminal cases virtually always allow impeachment of accusers with evidence of civil suits against the alleged assailants or third parties. This Article surveys every …
Independent Judicial Research In The Daubert Age, Edward K. Cheng
Independent Judicial Research In The Daubert Age, Edward K. Cheng
Duke Law Journal
The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored various ways of helping judges with their new gatekeeping responsibilities. Unfortunately, the two dominant approaches, which focus on doctrinal tests and external assistance mechanisms, have been largely ineffective. This Article advocates for a neglected but important method for improving scientific decisionmaking--independent judicial research. It argues that judges facing unfamiliar and complex scientific admissibility decisions can and should engage in independent library research to better educate themselves about the underlying …
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Duke Law Journal
No abstract provided.
The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders
The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders
Duke Law Journal
No abstract provided.
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Duke Law Journal
No abstract provided.
Unconvinced, Unreconstructed, And Unrepentant: A Reply To Professor Friedman’S Response, H. Richard Uviller
Unconvinced, Unreconstructed, And Unrepentant: A Reply To Professor Friedman’S Response, H. Richard Uviller
Duke Law Journal
No abstract provided.
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Duke Law Journal
No abstract provided.
Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts
Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts
Duke Law Journal
No abstract provided.
Discovery And Testimony Of Unretained Experts: Creating A Clear And Equitable Standard To Govern Compliance With Subpoenas, Mark Labaton
Discovery And Testimony Of Unretained Experts: Creating A Clear And Equitable Standard To Govern Compliance With Subpoenas, Mark Labaton
Duke Law Journal
No abstract provided.
Scientific Issues And The Function Of Hearing Procedures: Evaluating The Fda’S Public Board Of Inquiry, Sidney A. Shapiro
Scientific Issues And The Function Of Hearing Procedures: Evaluating The Fda’S Public Board Of Inquiry, Sidney A. Shapiro
Duke Law Journal
No abstract provided.