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Full-Text Articles in Law
Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter
Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter
Publications
A trial court must find that the proponent of expert witness testimony has set forth adequate evidence that the testimony is based upon reliable methods and will be helpful to the trier of fact. Much has been written regarding the reliability prong since the Supreme Court’s decision in Daubert v. Merrell Dow Pharm., yet a severe prejudice to the criminally accused persists today in some trial courts’ analyses of the often overlooked helpfulness prong. Despite the straight-forward articulation of helpfulness, described as “fit” or mere relevance, some trial courts apply the helpfulness prong differently depending upon whether the expert testimony …
Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White
Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White
Publications
No abstract provided.
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Publications
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social …
The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England
The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England
Publications
This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.