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1998

Journal

Fordham Law School

Courts

Articles 1 - 2 of 2

Full-Text Articles in Law

Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh Jan 1998

Junk Science - The Lawyer's Ethical Responsibilities, Dick Thornburgh

Fordham Urban Law Journal

This article argues that many judges lack the capacity to distinguish between experts witnesses who make use of rigorous scientific research and those who rely on "junk science" - conclusions based on insufficient research. It notes that judicial standards for admissibility of expert testimony are not sufficient to prevent the introduction of junk science in to the courtroom. It concludes with a suggestion for a more rigorous process for vetting scientific evidence that is admitted in court.


Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham Jan 1998

Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham

Fordham Urban Law Journal

This article examines the difficulty of finding a proper standard for evaluating non-scientific expert testimony. It analyzes the legal standard for the admission of expert testimony as set out in the Federal Rule of Evidence and the Daubert case. It reviews a split in courts as to how to apply these standards to non-scientific expert testimony. It ends with some proposals for the application of Daubert to non-scientific expert testimony and suggests an amendment to the Federal Rules of evidence.