Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 71

Full-Text Articles in Law

Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough Jan 2002

Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough

Law and Contemporary Problems

McGough proceeds with the confidence on the premise that a forensic interview of a child by a member of the prosecutorial team offers many opportunities for compromising the reliability of the child's remembered account. A vast volume of research data now exists that documents the conclusion that the forensic interviewing of children is a very delicate, sophisticated, and high-risk enterprise.


Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil Jan 2002

Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil

Law and Contemporary Problems

Warren and Marsil focus on six areas representing some of the most intractable problems that will require further attention from scientists and practitioners alike. Research on child witnesses is highlighted, concentrating primarily on studies published or presented in the past ten years.


On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas Dec 2001

On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas

Alaska Law Review

No abstract provided.


Statistics, Not Experts, William Meadow, Cass R. Sunstein Nov 2001

Statistics, Not Experts, William Meadow, Cass R. Sunstein

Duke Law Journal

No abstract provided.


The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks Oct 2001

The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks

Law and Contemporary Problems

This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.


Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes Oct 2001

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.


Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging Oct 2001

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.


The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark Oct 2001

The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark

Law and Contemporary Problems

This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.


Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond Oct 2001

Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond

Law and Contemporary Problems

As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.


Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley Oct 2001

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.


Kumho And How We Know, Joseph Sanders Jul 2001

Kumho And How We Know, Joseph Sanders

Law and Contemporary Problems

No abstract provided.


Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger Jul 2001

Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger

Law and Contemporary Problems

No abstract provided.


Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger Jul 2001

Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger

Law and Contemporary Problems

No abstract provided.


The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders Feb 2000

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 Feb 1999

Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele

Duke Law Journal

No abstract provided.


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.


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.


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.


A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil Jul 1996

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.


Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet Jan 1995

Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet

Duke Journal of Gender Law & Policy

Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that …


Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett Jan 1995

Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett

Law and Contemporary Problems

No abstract provided.


The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born Jul 1994

The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born

Law and Contemporary Problems

A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.


Unconvinced, Unreconstructed, And Unrepentant: A Reply To Professor Friedman’S Response, H. Richard Uviller Feb 1994

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 Feb 1994

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Duke Law Journal

No abstract provided.


Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie Dec 1992

Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie

Alaska Law Review

No abstract provided.


Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts Dec 1991

Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts

Duke Law Journal

No abstract provided.


Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler Jul 1991

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.