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Articles 31 - 54 of 54
Full-Text Articles in Law
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Washington and Lee Law Review
No abstract provided.
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Washington and Lee Law Review
No abstract provided.
Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks
Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks
Washington and Lee Law Review
No abstract provided.
Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan
Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan
Washington and Lee Law Review
No abstract provided.
Newly Available, Not Newly Discovered, Penny J. White
Newly Available, Not Newly Discovered, Penny J. White
The Journal of Appellate Practice and Process
Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Journal of Appellate Practice and Process
This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?
Relevance, Reliability, And Validity Of Scientific Evidence (Reviewing Judging Science: Scientific Knowledge And The Federal Courts, By Kenneth R. Foster & Peter W. Huber), Robert Timothy Reagan
Relevance, Reliability, And Validity Of Scientific Evidence (Reviewing Judging Science: Scientific Knowledge And The Federal Courts, By Kenneth R. Foster & Peter W. Huber), Robert Timothy Reagan
Oklahoma Law Review
No abstract provided.
Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina
Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina
Cleveland State Law Review
Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed legislation concerning …
Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen
Oklahoma Law Review
No abstract provided.
Scientific Evidence Under Daubert., John H. Mansfield
Scientific Evidence Under Daubert., John H. Mansfield
St. Mary's Law Journal
The controversy over the proper standard for the admissibility of scientific evidence is an argument over the value of a jury trial compared with a bench trial or decisions by scientists. The argument has both a constitutional dimension in the provisions relating to a jury trial, compulsory process and due process, and a nonconstitutional dimension in the ordinary law of evidence. In the recent case of Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court took a different approach, basing its decision almost entirely on an interpretation of the particular words used in Rule 702 of the Federal …
Review Of: Carl F. Cranor, Regulating Toxic Substances, Jon F. Merz, H. Christopher Frey
Review Of: Carl F. Cranor, Regulating Toxic Substances, Jon F. Merz, H. Christopher Frey
RISK: Health, Safety & Environment (1990-2002)
Review of: Carl F. Cranor, Regulating Toxic Substances (Oxford University Press 1993). Acknowledgments, appendices, bibliography, figures, foreword by The Honorable George E. Brown, Jr., index, notes, tables. LC 91-47046; ISBN 0-19- 507436-X. [272 pp. Cloth $45.00. 200 Madison Avenue, New York NY 10016.]
Cranor's Reply, Carl F. Cranor
Cranor's Reply, Carl F. Cranor
RISK: Health, Safety & Environment (1990-2002)
Dr. Cranor's reply to Merz and Frey.
Trances, Trials, And Tribulations, Gary M. Shaw
Trances, Trials, And Tribulations, Gary M. Shaw
Touro 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.
Exiting The Twilight Zone: Changes In The Standard For The Admissibility Of Scientific Evidence In Georgia, Katharyne C. Johnson
Exiting The Twilight Zone: Changes In The Standard For The Admissibility Of Scientific Evidence In Georgia, Katharyne C. Johnson
Georgia State University Law Review
No abstract provided.
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
St. Mary's Law Journal
Throughout legal history, courts have wrestled with scientific evidence. Sometimes the courts admitted invalid evidence disguised as science. In the 1920’s, courts developed a very limited standard of admissibility for scientific evidence. Under the Frye test, a scientific expert’s conclusion was inadmissible unless the conclusion was generally accepted by the scientific community. Although this prevented “junk science” from invading courtrooms, it also protected invalid scientific evidence already present in the system and restricted using new, but valid, scientific techniques. In response, many jurisdictions developed more liberal evidentiary standards. The liberal standards averted the “cultural lag” for which Frye was criticized …
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Vanderbilt Law Review
"At bottom the case against Claus von Bilow was a scientific case. It would have to be refuted by scientific evidence,"' wrote Alan Dershowitz. The von Bilow case is not alone. Many recent notorious criminal trials involved scientific proof. For example, the prosecution offered hypnotically refreshed testimony and bite mark evidence in the Ted Bundy case. Fiber evidence proved critical in the trial of Wayne Williams for the murder of two of the thirty young black males killed in Atlanta in the late 1970s.' Other illustrations include the pathology and serology testimony in the Jean Harris trial, the forensic analysis …
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Kentucky Law Journal
No abstract provided.
Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss
Michigan Law Review
This Note traces the judicial and administrative treatment of uncertainty under NEPA and supports the CEQ's replacement of worst case analysis with a qualitative probability threshold. Part I discusses the development of reasonableness standards in NEPA common law to define agency obligations prior to promulgation of the worst case analysis regulation. Part II reviews the worst case analysis regulation and its judicial construction. Finally, Part III outlines the amended regulation, which replaces worst case analysis with a probability threshold employing the rule of reason to limit EIS discussion to environmental effects shown through credible scientific evidence to be reasonably foreseeable. …
The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller
The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller
Cleveland State Law Review
This note will examine the manner in which the Psychological Stress Evaluator functions and explore the legal implications stemming from its use as a lie detector. More specifically, three issues which arise in connection with the use of the PSE will be discussed: first, the validity and reliability of the PSE; second, the admissibility of PSE test results in evidence; and third, the potential remedies for subjects of PSE tests who have occasion to object.
Experimental Evidence, Donald L. Guarnieri
Experimental Evidence, Donald L. Guarnieri
Cleveland State Law Review
The purpose of this article is to explain the concepts basic to the admissibility of experimental evidence in civil jury cases. The article will examine the prerequisites to the admissibility of experimental evidence, will give illustrations of various experiments, and will comment on the trend of court decisions since the latter part of the nineteenth century. The article deals primarily with experiments conducted outside of the court room as opposed to experiments conducted in the courtroom in the presence of a jury.
Scientific Evidence In The Law, James R. Richardson
Scientific Evidence In The Law, James R. Richardson
Kentucky Law Journal
No abstract provided.
Cases On Evidence, Second Edition. By Charles T. Mccormick, Henry Brandis Jr.
Cases On Evidence, Second Edition. By Charles T. Mccormick, Henry Brandis Jr.
Journal of Legal Education
No abstract provided.