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Full-Text Articles in Law

Just How Reliable Is The Human Memory? The Admissibility Of Recovered Repressed Memories In Criminal Proceedings, Shannon L. Malone Jan 2020

Just How Reliable Is The Human Memory? The Admissibility Of Recovered Repressed Memories In Criminal Proceedings, Shannon L. Malone

Touro Law Review

No abstract provided.


Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye Mar 2016

Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye

David Kaye

This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown to be …


Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye Jan 2001

Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye

Journal Articles

This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown to be …