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Articles 1 - 30 of 93
Full-Text Articles in Law
Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito
Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito
Pepperdine Law Review
With the rapidly expanding sophistication of artificial intelligence systems, their reliability, and cost-effectiveness for solving problems, the current trend of admitting testimony based on artificially intelligent (AI) systems is only likely to grow. In that context, it is imperative for us to ask what rules of evidence judges today should use relating to such evidence. To answer that question, we provide an in-depth review of expert systems, machine learning systems, and neural networks. Based on that analysis, we contend that evidence from only certain types of AI systems meet the requirements for admissibility, while other systems do not. The break …
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Child and Family Law Journal
In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …
Covid-19, Doctors, And The “Realities Of Prison Administration” Part I: The Realities Of A Subject Matter Expert, Fred Rottnek
Covid-19, Doctors, And The “Realities Of Prison Administration” Part I: The Realities Of A Subject Matter Expert, Fred Rottnek
Saint Louis University Journal of Health Law & Policy
COVID-19 is still novel. As scientists continue racing to characterize the virus and its mutations, promote behavioral change, and optimize treatment and vaccination strategies, public policy makers shift their attention from one high priority population to the next. These spotlights have converged on one truism of the pandemic: COVID-19 infection, and all its sequelae, have magnified long-established social and structural inequities in U.S. institutions—including practices in jails, prisons, and detention facilities. While these facilities were recognized as early incubators of the virus, the response of the facility administrators and local leaders were at best uneven and at worst nonexistent. When …
A Model For Confronting Fire Investigation Errors, John J. Lentini
A Model For Confronting Fire Investigation Errors, John J. Lentini
Lincoln Memorial University Law Review Archive
When faced with the challenge of defending someone accused of arson, counsel has several options but unless there is overwhelming evidence to indicate that this was in fact an arson, the first thing counsel should do is retain an expert. Arson is one of the few crimes for which it is necessary to first prove that a crime was committed. Over this author’s 45-year career, many false accusations of arson have resulted in either civil or criminal litigation. As stated in the 2009 National Academy of Sciences (NAS) report:
The simple reality is that the interpretation of forensic evidence is …
Forensic Aspects Of Obtaining Samples For Expertise, I Astanov
Forensic Aspects Of Obtaining Samples For Expertise, I Astanov
ProAcademy
The a rticle analyzes o b ta in in g the sam ples fo r e xp e rt study as a n evidence collection m ethod, as w ell as its forensic aspects a n d circum stances th a t m ust b e co n sid e re d in o b ta in in g the samples. Suggestions a n d recom m e n d atio n s fo r im p ro v in g th e C rim inal P ro ced u ra l C od e o f the R epublic …
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
St. Mary's Journal on Legal Malpractice & Ethics
U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …
Lawmaking Expert Support: National And Foreign Experience, X. Xayitov
Lawmaking Expert Support: National And Foreign Experience, X. Xayitov
Review of law sciences
The article studies the importance of organizational and legal issues of expertise of draft laws in our country and foreign countries. At the same time, the peculiarities of examinations, subjects, as well as proposals for improving the organizational and legal mechanisms for the implementation of expertise have been developed
Florida Family Law Bounds Of Advocacy: A Mandate For Collaborative Practice, Joshua A. Jones Esq.
Florida Family Law Bounds Of Advocacy: A Mandate For Collaborative Practice, Joshua A. Jones Esq.
Nova Law Review
No abstract provided.
Public Expertise Of Draft Laws – As An Important Form Of Public Control, X. Xayitov
Public Expertise Of Draft Laws – As An Important Form Of Public Control, X. Xayitov
Review of law sciences
This article studies the significance of public expertise in drafting laws, which strengthen legal bases of democratic reforms, aim of expertise and its importance. Some suggestions on improvement of the legal mechanism of public expertise are developed.
Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger
Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger
Touro Law Review
No abstract provided.
"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein
"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein
Touro Law Review
No abstract provided.
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
University of Massachusetts Law Review
This article analyzes the Sixth Amendment right to confrontation, admission of hearsay statements, and the effect of the Davis decision on the prosecution of domestic violence cases. Part II discusses the history of the Confrontation Clause. Part III discusses hearsay prior to Crawford. Parts IV, V, and VI discuss the landmark cases Crawford v. Washington, Commonwealth v. Gonsalves, and Davis v. Washington, respectively, with regard to whether statements made to police are admissible when the declarant is not available to testify at trial. The reasons why the Supreme Court’s extension of the Confrontation Clause is unwarranted are contained …
Shellfish Contamination: Reducing The Necessity For Scientific Evidence In Natural Resource Damages Under The Comprehensive Environmental Response, Compensation, And Liability Act, Matthew J. Koes
University of Massachusetts Law Review
It is indisputable that shellfish contamination creates a negative impact on the economy, poses a serious risk to human health, and has a harmful effect on the fragile coastal ecosystems. However, the litigation designed to redress the harmful effects of shellfish contamination produces uncounted difficulties. Although a general public policy of preventing pollution has led Congress to enact and revise CERCLA, the application of such a statute has proven to be uncertain due to the enormous amount of discretion given to the trial courts in deciding admissibility of scientific evidence and testimony of experts. A CERLA natural resource damage action …
Introduction, Miriam F. Miquelon-Weismann
Introduction, Miriam F. Miquelon-Weismann
University of Massachusetts Law Review
Legal educators increasingly use the classroom to import expertise from scientists and social scientists to better prepare law students to engage in specialized and collaborative fields of practice. Indeed, this project grew out of a paper course on Scientific Evidence in Civil and Criminal Cases offered during the spring 2006 semester at the law school. Students heard from accident reconstruction experts, DNA scientists, forensic pathologist and medical malpractice experts. In February 2006, Dr. Aaron Lazare, Dean and Chancellor at the University of Massachusetts, addressed the law school on a cutting-edge legal theory from his recently published book, “On Apology.” Stimulated …
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
Mediation In Estate Planning: A Strategy For Everyone's Benefit, David Gage, John A. Gromala
Mediation In Estate Planning: A Strategy For Everyone's Benefit, David Gage, John A. Gromala
Marquette Elder's Advisor
How much better would this world be if we all believed that most disputes could be avoided? Mediation is offered as a tool to reach agreement, but the hard work of mediating a dispute requires a knowledgeable, experienced professional. These authors offer observations and strategies based on their expertise and success in the field.
The Impact Of Daubert On The Admissibility Of Behavioral Science Testimony, Henry F. Fradella, Adam Fogarty, Lauren O'Neill
The Impact Of Daubert On The Admissibility Of Behavioral Science Testimony, Henry F. Fradella, Adam Fogarty, Lauren O'Neill
Pepperdine Law Review
No abstract provided.
Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner
Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner
Pepperdine Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield
NYLS Law Review
No abstract provided.
Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough
Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough
University of Richmond Law Review
The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2009 through April 2010 addressing civil procedure; significant amendments to the Rules of the Supreme Court of Virginia made during the same period; and legislation enacted by the Virginia GeneralAssembly during its 2010 session relating to civil practice.
Civil Practice And Procedure, Hon. Jane Marum Roush
Civil Practice And Procedure, Hon. Jane Marum Roush
University of Richmond Law Review
No abstract provided.
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 …
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Law and Contemporary Problems
There haven't always been scientific witnesses: in fact, there haven't always been witnesses. In early medieval times, courts relied on tests by oath, ordeal, and sometimes by combat. Here, Haack provides a brief historical background to the use of scientific experts in law and then proceeds to discuss in greater detail the values underlying scientific inquiry, the uncertainty in the quest of knowledge and understanding, and the methods by which consensus is reached, even if that consensus is always tentative. She then contrasts scientific inquiry with the law's quest for "truth" in the courtroom and, particularly, the normative and temporal …
How Does Science Come To Speak In The Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, And Reasoning, Charles Bazerman
How Does Science Come To Speak In The Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, And Reasoning, Charles Bazerman
Law and Contemporary Problems
Citations, in their highly conventionalized forms, visibly indicate each texts explicit use of the prior literature that embodies the knowledge and contentions of its field. This relation to prior texts has been called intertextuality in literary and literacy studies. Here, Bazerman discusses the citation practices and intertextuality in science and the law in theoretical and historical perspective, and considers the intersection of science and law by identifying the judicial rules that limit and shape the role of scientific literature in court proceedings. He emphasizes that from the historical and theoretical analysis, it is clear that, in the US, judicial reasoning …
Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner
Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner
Law and Contemporary Problems
In recent years, historians have been brought into legal cases in unprecedented numbers. As the courts have tried to adjudicate responsibility for environmental and occupational diseases, history has played an increasingly central role in decisions that affect the cases themselves and in social policy regarding risk. In suits over tobacco-related diseases, asbestosis, radiation, and other toxic substances, more historians of technology and science, social history, and public health are being sought to provide testimony aimed at assessing responsibility for damages that have arisen years--sometimes decades--after exposure. Here, Rosner traces the use of historians as experts in litigation.
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Law and Contemporary Problems
No abstract provided.
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Law and Contemporary Problems
Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …
Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke
Villanova Law Review
No abstract provided.