A Tale of Two Dauberts PDF Download

Author: Rob Robinson
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 246

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Author: Erica Beecher-Monas
Publisher: Cambridge Scholars Publishing
ISBN: 1527543943
Category : Law
Languages : en
Pages : 415

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Book Description
What does neuroscience tell us about voluntary movement? Why is the definition of “volition” so different from that of the legal definition of “intent”? Why are courts dismissing medically accepted mental health diagnoses? How can we draft better laws that are more scientifically based? What can recent advances in neuroscience tell us about the way we apply the law? This volume provides groundbreaking insights into the areas of scientific evidence and the intersection of neuroscience and law, and is the product of a collaboration by two experts in their respective fields. It is a primer for all those interested in neurolaw.

Author: Miquel Martín-Casals
Publisher: Cambridge University Press
ISBN: 1316425487
Category : Law
Languages : en
Pages : 351

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Book Description
This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Author: Brooke Coleman
Publisher: NYU Press
ISBN: 1479805939
Category : Law
Languages : en
Pages : 448

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Book Description
"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--

Author: Paul Roberts
Publisher: Routledge
ISBN: 1351567403
Category : Business & Economics
Languages : en
Pages : 664

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Book Description
Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

Author: John M. Conley
Publisher: Aspen Publishing
ISBN: 1543819621
Category : Law
Languages : en
Pages : 614

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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Using representative cases, comprehensible scientific readings, and the authors’ insightful introductions and explanatory notes, Scientific and Expert Evidenceprovides a comprehensive treatment of the law and science relating to scientific and expert evidence. The Third Edition provides more explanation of scientific concepts and full coverage of recent scientific and legal developments, but in a shorter book that focuses more intensively on core legal issues. New to the Third Edition: An entirely redesigned chapter covering developments in Opinion Evidence, including new cases exploring the complexity and boundaries of expert evidence that are suitable for student projects A fully redesigned chapter on Social Science, Behavioral Science, and Neuroscience, with new cases and commentary Inclusion of cutting-edge cases that highlight courts’ growing recognition of the importance of scientific accuracy in the areas of eyewitness identification, false confession, and child sexual abuse evidence A reorganized and more tightly focused treatment of forensic science, with excerpts from national science organizations focusing on accuracy and reliability of pattern matching evidence and the problems that still remain Full coverage of evolving DNA science, including the “database mining” approach to cold cases, continuing developments in the statistical analysis of matches, and the vanishing notion of “junk” DNA Elucidation of the sometimes-conflicting legal and scientific ideas of causation and proof, including updated cases involving toxic exposures and medical devices Additional cases involving economic analysis in evidence, coupled with expanded explanatory notes Updated exposition of the current state of the law of scientific evidence An expanded explanation of basic statistical concepts, with additional examples and illustrations Professors and students will benefit from: Complex issues presented clearly and concisely A consistent and logical internal chapter organization and pedagogy Accessible but not simplistic discussion of statistics and DNA chapters The exploration of the differences and synergies of legal and scientific methods and goals A new case in Chapter 2 that permits students to pull together multiple concepts in FRE 702 and the Daubert trilogy, perfect for a written assignment or classroom discussion The easiest Rubik's Cube solution is available in many languages. Learn it quickly memorizing only a few algorithms.

Author: L. Syd M Johnson
Publisher: Routledge
ISBN: 1317483510
Category : Philosophy
Languages : en
Pages : 636

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Book Description
The Routledge Handbook of Neuroethics offers the reader an informed view of how the brain sciences are being used to approach, understand, and reinvigorate traditional philosophical questions, as well as how those questions, with the grounding influence of neuroscience, are being revisited beyond clinical and research domains. It also examines how contemporary neuroscience research might ultimately impact our understanding of relationships, flourishing, and human nature. Written by 61 key scholars and fresh voices, the Handbook’s easy-to-follow chapters appear here for the first time in print and represent the wide range of viewpoints in neuroethics. The volume spotlights new technologies and historical articulations of key problems, issues, and concepts and includes cross-referencing between chapters to highlight the complex interactions of concepts and ideas within neuroethics. These features enhance the Handbook’s utility by providing readers with a contextual map for different approaches to issues and a guide to further avenues of interest. Chapter 11 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9781315708652.ch11

Author: Kenneth R. Foster
Publisher: MIT Press
ISBN: 9780262561204
Category : Law
Languages : en
Pages : 356

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Book Description
Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.

Author: Stephen Daubert
Publisher: Vanderbilt University Press
ISBN: 9780826515094
Category : Nature
Languages : en
Pages : 192

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Book Description
Creative, science-grounded stories about nature for the curious and imaginative of all ages.

Author: Herbert M. Kritzer
Publisher: Quid Pro Books
ISBN: 1610272978
Category : Law
Languages : en
Pages : 393

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Book Description
This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insurance defense practice. This book is for scholars and practitioners interested in understanding the work of lawyers in day-to-day litigation-like settings—and those concerned about what the future might hold for the structure of the legal profession and the nature of legal practice. “Lawyers at Work is a masterful collection, by one of the leading and award winning empirical researchers on legal institutions and the legal profession today, on the ‘black box’ of law practice. Spanning decades of research, Professor Kritzer presents data and findings on how lawyers bill, develop relationships with clients and opponents, manage scientific expertise, negotiate, and conduct their everyday work in a wide variety of case types. He explores and exposes the differences in both theories and data about the legal profession from virtually every major study there is on what lawyers actually do. If anyone wants to know about the real practices of lawyers in the past and present, and with important projections about the future, this is a must read. We can speculate about what lawyers really do, but Kritzer has the actual ‘facts.’” — Carrie Menkel-Meadow, Chancellor’s Professor of Law and Political Science, University of California, Irvine, and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University Law Center “Through wide-ranging field research over 35 years Kritzer has done more than anyone to document the craft of lawyers at work. This extraordinary compilation finds the whole in a professional lifetime of research, cementing Kritzer’s reputation as pioneer and master of empirical legal research.” — Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania Law School “Bert Kritzer has long been recognized as one of the most astute scholarly commentators on the U.S. legal profession. This collection of papers allows readers to see his body of work as a whole, and to appreciate the unique combination of quantitative and qualitative skills on which it rests. It is essential reading for anyone who wants to cut through the myths that pervade debates about policy and practice in civil justice.” — Robert Dingwall, Nottingham Trent University, UK