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Full-Text Articles in Law
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
Law and Contemporary Problems
In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.
Copyright As A Rule Of Evidence, Douglas Lichtman
Copyright As A Rule Of Evidence, Douglas Lichtman
Duke Law Journal
Many copyright doctrines serve to exclude from the copyright regime cases particularly prone to evidentiary complexity. The implicit logic is that, for these cases, the social costs of litigation would likely outweigh the social benefits derived from offering copyright protection in the first place. Doctrines that serve this evidentiary function include some doctrines for which an evidentiary purpose is readily apparent (for example, the requirement that eligible works be fixed in tangible form), and some for which the link is quite subtle (for example, the rule against protecting work that lacks creativity). Understanding these doctrines in this light helps to …
Plaintiffs' Direct Evidence Burden In Mixed-Motive Disparate Treatment Cases: An Analysis In Light Of Costa V. Desert Palace, Jennifer R. Gowens
Plaintiffs' Direct Evidence Burden In Mixed-Motive Disparate Treatment Cases: An Analysis In Light Of Costa V. Desert Palace, Jennifer R. Gowens
Case Western Reserve Law Review
No abstract provided.
You Hurt My Feelings, Now Pay Up: Should Objective Evidence Be Required To Support Claims For Emotional Distress Damages In Employment Discrimination Cases ?, Jennifer R. Gowens
You Hurt My Feelings, Now Pay Up: Should Objective Evidence Be Required To Support Claims For Emotional Distress Damages In Employment Discrimination Cases ?, Jennifer R. Gowens
Case Western Reserve Law Review
No abstract provided.