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Full-Text Articles in Law
Gatekeeping & Class Certification: The Eleventh Circuit’S Stringent Approach To Admitting Expert Evidence In Support Of Class Certification, Pravin Patel, Mark Pinkert, Patrick Lyons
Gatekeeping & Class Certification: The Eleventh Circuit’S Stringent Approach To Admitting Expert Evidence In Support Of Class Certification, Pravin Patel, Mark Pinkert, Patrick Lyons
University of Miami Law Review
Federal Rule of Civil Procedure 23 is silent on whether evidence offered in support of a motion for class certification must be admissible under the Federal Rules of Evidence. The Supreme Court has not addressed this issue, and there is currently no authoritative framework for incorporating all or some of the federal evidentiary rules into the class certification process. Resultantly, circuit courts are split on this question and have coalesced among several different approaches. The Eleventh Circuit follows a rigorous evidentiary standard in which evidence offered in support of class certification generally must be admissible under the Federal Rules of …
How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin
How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin
University of Miami Law Review
No abstract provided.
A Response To Professor Graham, Brett C. Powell
A Response To Professor Graham, Brett C. Powell
University of Miami Law Review
No abstract provided.
A Response To Professor Graham, Thomas Dillickrath
A Response To Professor Graham, Thomas Dillickrath
University of Miami Law Review
No abstract provided.
Response, Dana R. Hassin
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
University of Miami Law Review
No abstract provided.
Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr.
Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr.
University of Miami Law Review
No abstract provided.
Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath
Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath
University of Miami Law Review
No abstract provided.
Response, Yvette J. Bessent
The Expert Witness Predicament: Determining "Reliable" Under The Gatekeeping Test Of Daubert, Kumho, And Proposed Amended Rule 702 Of The Federal Rules Of Evidence, Michael H. Graham
The Expert Witness Predicament: Determining "Reliable" Under The Gatekeeping Test Of Daubert, Kumho, And Proposed Amended Rule 702 Of The Federal Rules Of Evidence, Michael H. Graham
University of Miami Law Review
No abstract provided.
The Admissibility Of Scientific Evidence: The History And Demise Of Frye V. United States, Lisa Gonzalez
The Admissibility Of Scientific Evidence: The History And Demise Of Frye V. United States, Lisa Gonzalez
University of Miami Law Review
No abstract provided.
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
University of Miami Law Review
No abstract provided.
Cross-Examination Of Expert Witnesses: Dispelling The Aura Of Reliability, Lee Waldman Miller
Cross-Examination Of Expert Witnesses: Dispelling The Aura Of Reliability, Lee Waldman Miller
University of Miami Law Review
No abstract provided.
The Admissibility Of Expert Psychological Testimony In Cases Involving The Sexual Misuse Of A Child, Dirk Lorentzen
The Admissibility Of Expert Psychological Testimony In Cases Involving The Sexual Misuse Of A Child, Dirk Lorentzen
University of Miami Law Review
No abstract provided.
The Admissibility Of Expert Witness Testimony: Time To Take The Final Leap?, Maury R. Olicker
The Admissibility Of Expert Witness Testimony: Time To Take The Final Leap?, Maury R. Olicker
University of Miami Law Review
No abstract provided.
Selection, Use, And Pay Of An Economist In An Antitrust Case, Stephen E. Nagin
Selection, Use, And Pay Of An Economist In An Antitrust Case, Stephen E. Nagin
University of Miami Law Review
In this practice-oriented article the author examines the use of economic experts in antitrust cases. He analyzes several factors that influence the selection of an economist such as the various schools of economic theory related to antitrust, the time commitments counsel can expect to receive from an expert, the demands of the case, and costs. The article reviews several kinds of payment agreements and recommends which to choose, based on the individual case. The author explains ways to use the economist from before the filing of a complaint through cross-examination of the adversary's expert. Also examining counsel's preparation of the …