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Articles 301 - 330 of 374
Full-Text Articles in Evidence
The Supreme Court’S View Of Science: Has Daubert Exorcised The Certainty Demon?, Bert Black
The Supreme Court’S View Of Science: Has Daubert Exorcised The Certainty Demon?, Bert Black
Cardozo Law Review
The Supreme Court's mandate in Daubert that experts who give testimony based on science must confine themselves to valid scientific knowledge seems tautologically obvious, and hardly an issue requiring the attention of the nation's nine highest judges. The debate that led to Daubert was generated, however, by opponents of judicial screening who argued that holding experts to scientific standards somehow imposes an undue burden of proof on plaintiffs, especially in toxic tort cases - and the Supreme Court's decision has not put the issue completely to rest. Science, according to this "relaxed standards" argument, demands certainty far beyond the law's …
Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell
Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell
Cardozo Law Review
Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …
Dna And Daubert, Barry C. Scheck
Dna And Daubert, Barry C. Scheck
Cardozo Law Review
The most intriguing aspect of Daubert v. Merrell Dow Pharmaceuticals, Inc. is that the Supreme Court never applied its new analytic framework for the admissibility of scientific evidence to the facts of the case. Either the deviltry, or the genius, of the Daubert decision lies in the details.
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Cardozo Law Review
No provision of the Federal Rules of Evidence has sparked more controversy than Rule 609, which deals with the admissibility of convictions to impeach a witness. When first proposed, the provision was the subject of fierce debate, sparking repeated revision during its drafting and while it was under consideration by Congress. Ultimately, no one side in this legislative battle prevailed entirely; the Rule strikes a compromise between sharply conflicting policies. The text of Rule 609, incorporating no less than three balancing tests, two references to fairness, one to justice, and several other undefined terms, leaves the task of resolving the …
After Daubert: Going Forward With Lessons From The Past, Marc S. Klein
After Daubert: Going Forward With Lessons From The Past, Marc S. Klein
Cardozo Law Review
Ground zero in the ongoing battle over scientific evidence in toxic tort cases has clearly shifted in light of Daubert v. Merrell Dow Pharmaceuticals, Inc. In that case, the Supreme Court settled at least two profound issues. One has immediate practical consequences, the other has important philosophical implications.
The Admissibility Of Scientific Evidence After Daubert V. Merrell Dow Pharmaceuticals, Inc., David E. Bernstein
The Admissibility Of Scientific Evidence After Daubert V. Merrell Dow Pharmaceuticals, Inc., David E. Bernstein
Cardozo Law Review
This past June, the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., the most important case involving the admissibility of scientific evidence in seventy years. While some analysts have argued that Daubert will encourage the trend toward more careful judicial scrutiny of scientific evidence, others have contended that the opinion will reduce the role of the courts in screening scientific evidence and permit a flood of junk science evidence into American courtrooms. The early evidence strongly suggests that the former view is correct. So far, most federal courts are interpreting Daubert as giving them wide authority to restrict …
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Cardozo Law Review
No abstract provided.
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
Articles
The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …
Faith In Reason: The Process Tradition In American Jurisprudence, Neil Duxbury
Faith In Reason: The Process Tradition In American Jurisprudence, Neil Duxbury
Cardozo Law Review
Even the most cursory survey of the history of jurisprudence reveals a remarkable tendency on the part of legal philosophers to develop concepts, for want of a better word, which are purportedly foundational to the existence of a legal system. Positivists and natural lawyers alike have long been committed to the search for that special concept which stands as the fons et origo of law. Legal philosophers typically frame this search in terms of a quest to discover something singular; and when they do try to conceive of a legal system as founded on a plurality of concepts, their assertions, …
In Appreciation Of Jack Burns, Frank J. Macchiarola
In Appreciation Of Jack Burns, Frank J. Macchiarola
Cardozo Law Review
Jacob Burns was a good and gentle man. He did many fine and generous things in his lifetime, but the qualities that best describe him are the personal ones-good and gentle. The gentleness did not mean that he was unable to handle difficult matters or to exert the kind of strength that gave others solace. It meant that through these situations there was a contentment that always reassured the rest of us. The gentleness came from his concern for others and in the way he approached people. It was always thrilling for me to see Jack Burns in the company …
Fair Use Misconstrued: Profit, Presumptions, And Parody, William F. Patry, Shira Perlmutter
Fair Use Misconstrued: Profit, Presumptions, And Parody, William F. Patry, Shira Perlmutter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift
A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift
Cardozo Law Review
No abstract provided.
Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue
Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue
Cardozo Law Review
Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …
Hearsay From A Layperson, David A. Schum
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Cardozo Law Review
No abstract provided.
The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer
The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer
Cardozo Law Review
No abstract provided.
Milton's Contract, Peter Lindenbaum
Milton's Contract, Peter Lindenbaum
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross
Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Testing Right - Lying In View Of Justice, Peter Fenves
Testing Right - Lying In View Of Justice, Peter Fenves
Cardozo Law Review
Walter Benjamin: Justice, Right and the Critique of Violence
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
Cardozo Law Review
No abstract provided.
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Cardozo Law Review
No abstract provided.
The New Evidence Scholarship, William Twining
The New Evidence Scholarship, William Twining
Cardozo Law Review
No abstract provided.
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
Cardozo Law Review
No abstract provided.
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Cardozo Law Review
No abstract provided.
Five Cheers For Schum And Tillers, William Twining
Five Cheers For Schum And Tillers, William Twining
Cardozo Law Review
No abstract provided.
A Comment On Wasserman’S “The Morality Of Statistical Proof And The Risk Of Mistaken Liability”, L. Jonathan Cohen
A Comment On Wasserman’S “The Morality Of Statistical Proof And The Risk Of Mistaken Liability”, L. Jonathan Cohen
Cardozo Law Review
No abstract provided.
Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman
Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman
Cardozo Law Review
No abstract provided.
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Cardozo Law Review
No abstract provided.
Missing Evidence, Dale A. Nance
Comment On Nesson, Joseph Gastwirth