Gatekeeping and the admissibility of scientific evidence in the post Daubert/Joiner/Kumho Tire world

Article Abstract:

The article discusses how the courts have applied the Supreme Court's 1997 General Electric Co. v. Joiner rulings which requires that trial judges decide whether an expert is relying on proper scientific methodology and whether the application of that methodology to the conclusions reached is consistent. The article begins with the principles of the Daubert rulings and ends with the Supreme Court's latest statements in Kumho Tire Co. v. Carmichael.

Product liability, Testimony, Products liability, Evidence, Expert, Expert evidence

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Federal rule of evidence 606(b) and the problem of "differential" jury error

Article Abstract:

Rule 606(b) of the Federal Rules of Evidence has been insufficiently used by the courts to correct jury errors. The rule provides guidelines for challenging verdicts based upon jury testimony. The traditional application of the rule should be replaced by a balancing test composed of four parts: time, source of evidence, identifiable alternate verdict and likelihood of jury agreement on the error.

Laws, regulations and rules, Jury, Juries

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The heuristics of intellectual due process: a primer for triers of science

Article Abstract:

The author discusses the failure of judges to properly analyze scientific evidence when considering its admissibility, which deprives litigants of their intellectual due process rights, and suggests a heuristic framework to remedy this failure.

Due process of law, Heuristic, Heuristics

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