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Articles 1 - 5 of 5
Full-Text Articles in Law
The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs
The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs
Faculty Scholarship
In this Article, the Author explores two unexpected consequences of joining science and law at the hip, and considers whether these consequences represent reciprocal contamination, or instead cross-fertilization, of law and science. In Part I of this Article, the Author provides a brief review of the evolution of legal standards for the admissibility of what is termed "scientific evidence," including Frye and Daubert and their progeny. In Part II of the Article, the Author gives a (necessarily limited) overview of certain modern scientific paradigms of reliability and he explores the realities of peer reviews and of other institutions in science …
Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.
Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.
Faculty Scholarship
This article, part of a symposium marking the fortieth anniversary of the United States District Court for the Central District of California, first surveys the (very considerable) extent to which changes in the Federal Rules of Civil Procedure over the past quarter century have expanded and legitimized the pretrial managerial powers of federal trial-court judges. It then turns to an issue sometimes touched on in prior literature--whether the move toward greater managerialism departs from the "adversarial" model of the judge as passive referee and makes us more like supposedly "inquisitorial" civil-law systems. To the extent that civil-law judges generally exercise …
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein
Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein
Faculty Scholarship
No abstract provided.
Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo
Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo
Faculty Scholarship
What is the scope of judicial power to enforce positive rights, such as the right to education? This Note analyzes litigation outcomes in state education finance lawsuits to examine how state courts exercise their authority within the limits of the separation of powers doctrine. The Note argues that practical, non-legal factors play an important role in a judge's decision to grant remedies addressing unconstitutional legislative inaction to provide an adequate public education. In conclusion, the Note discusses the efficacy of education litigation in light of the judicial s jurisdictional limits, as well as the realities of state politics.