ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Jurs on Daubert & Cutting Edge Science

By Lawrence Solum

ADVERTISEMENTS

Andrew W. Jurs (Wake Forest University School of Law) has posted Judicial Analysis of Complex & Cutting-Edge Science in the Daubert Era: Epidemiologic Risk Assessment as a Test Case for Reform Strategies (Connecticut Law Review, Vol. 42, No. 1, 2009) on SSRN. Here is the abstract:

    Since Daubert, courts have faced difficulty with screening cutting-edge scientific evidence for relevance and reliability under Federal Rule of Evidence 702. In a series of cases following Daubert, courts faced the challenge of particularly complex epidemiologic studies. In addition to inconsistently handling the epidemiologic evidence in their Daubert reviews, the judicial analysis of this science exposed other weaknesses of the Daubert system. Weaknesses of the Daubert regime include: weak judicial training in scientific principles and statistical information, oversimplification with bright line tests, outlier enhancement of experts outside the mainstream of their field, and the incompatibility of the judicial procedure with science. Each identified issue presents a reason why a judge may inconsistently or inaccurately evaluate difficult scientific principles.

    To address these identified weaknesses, this article seeks modifications to the current system. One way to bring more science back into the courthouse, or to the judge?s chambers, is to permit the appointment of a science consultant under a modified Federal Rule of Evidence 706. For an even smaller subset of more complicated cases, advanced science procedures are needed. A science panel approach, using a modified arbitration panel format, or a centralized court of scientific jurisdiction would offer significant advantages to the current Daubert system. Other discrete individual reforms solve other weaknesses in current Daubert analysis.

    By critically examining the breakdown of Daubert in the face of epidemiologic risk evidence, evaluating the nature of the weaknesses in the system, and creating reforms structured to respond to those concerns, we can modify the current Daubert system to allow judges to more consistently, accurately and efficiently handle the most complex, cutting-edge science presented in litigation.

Full post as published by Legal Theory Blog on May 04, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0143 secs (new cache)