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Duke Law

1996

Judicial process

Articles 1 - 8 of 8

Full-Text Articles in Law

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb Jul 1996

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.


Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black Jul 1996

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.


Reluctant Experts, Paul D. Carrington, Traci L. Jones Jul 1996

Reluctant Experts, Paul D. Carrington, Traci L. Jones

Law and Contemporary Problems

Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.


Countering The Excessive Subpoena For Scholarly Research, Michael Traynor Jul 1996

Countering The Excessive Subpoena For Scholarly Research, Michael Traynor

Law and Contemporary Problems

A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.


Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna Jul 1996

Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna

Law and Contemporary Problems

Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.


Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff Jul 1996

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.


Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer Jul 1996

Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer

Law and Contemporary Problems

Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.


Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou Jul 1996

Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou

Law and Contemporary Problems

Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.