Law Commons^™

Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown

Fordham Law Review

No abstract provided.

Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero

Journal of Law and Health

This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are …

The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen

Scholarly Works

What if witness testimony emerges from, or can only be understood by reference to, an experience that the fact finder lacks? Or what if the connection between what a witness says and the full import of what the witness means is so arcane that the chances are virtually zero that the jury will understand what the spoken words are intended to convey? Both cases arise surprisingly frequently in the trial of disputes. For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a …

In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson

Scholarly Works

Professor Ronald Allen honors the memory of John Henry Wigmore on virtually every occasion in which he targets an aspect of evidence law for scholarly study. As Wigmore Professor of Law, Allen has consistently afforded modern evidence specialists some of the best in provocative theory as grist for review and discussion. He now places experts in his sights, and the results are no less stimulating.

Deposing Expert Witnesses In Environmental Litigation, James B. Burns

Villanova Environmental Law Journal

No abstract provided.

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal

No abstract provided.

Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley

Scholarly Works

Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Publications

No abstract provided.

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Reading Gaol Revisited: Admission Of Uncharged Misconduct Evidence In Sex Offender Cases, Thomas J. Reed

Thomas J Reed

No abstract provided.

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm

James W. Diehm