Bending the light of social science in family court: Epistemic injustice and epistemic exceptionalism matter
DE Prescott - J. Am. Acad. Matrimonial Law., 2020 - HeinOnline
More than a century ago, the renowned federal judge, Learned Hand, wrote that"[n] o one
will deny that the law should in some way effectively use expert knowledge wherever it will …
will deny that the law should in some way effectively use expert knowledge wherever it will …
Judging Science: Scientific Knowledge and the Federal Courts
K Rfoster, PW Huber - Harvard Journal of Law & Technology, 1997 - HeinOnline
Scientists and lawyers cannot afford to speak like regular people. Expertise requires a
special vocabulary replete with unusual words for unusual concepts, providing precise …
special vocabulary replete with unusual words for unusual concepts, providing precise …
Forensic Experts and Family Courts: Science or Privilege-by-License
DE Prescott - J. Am. Acad. Matrimonial Law., 2015 - HeinOnline
More than a century ago, the renowned federal judge, Learned Hand (perhaps the most
famous appellate judge never appointed to the US Supreme Court) wrote that"[n] o one will …
famous appellate judge never appointed to the US Supreme Court) wrote that"[n] o one will …
Scientific Experts: Making Their Testimony More Reliable
MM Kapsa, CB Meyer - Cal. WL Rev., 1998 - HeinOnline
The use of scientific expert witnesses goes back to the Roman Empire. 1 The importance
and power of scientific evidence in resolving legal issues is undisputed. 2 However, the role …
and power of scientific evidence in resolving legal issues is undisputed. 2 However, the role …
Science, Intersubjective Validity, and Judicial Legitimacy
RB Katskee - Brook. L. Rev., 2007 - HeinOnline
The problems associated with discovering truth in the courtroom are well known. Eyewitness
testimony is notoriously unreliable. Statistics are almost endlessly manipulable. Paid experts …
testimony is notoriously unreliable. Statistics are almost endlessly manipulable. Paid experts …
Check your crystal ball at the courthouse door, please: Exploring the past, understanding the present, and worrying about the future of scientific evidence
DL Faigman, E Porter, MJ Saks - Cardozo L. Rev., 1993 - HeinOnline
Since the earliest days of the use of expert witnesses,'judges (and more recently
legislatures) have struggled to design the juridical intersection where law and science cross …
legislatures) have struggled to design the juridical intersection where law and science cross …
Advocacy, witnesses, and the limits of scientific knowledge: Is there an ethical duty to evaluate your expert's testimony
DS Caudill - Idaho L. Rev., 2002 - HeinOnline
Assume that you are litigating a case involving issues for which scientific testimony is
relevant. Assume further that generally accepted scientific consensus is in your adversary's …
relevant. Assume further that generally accepted scientific consensus is in your adversary's …
Putting expert testimony in its epistemological place: What predictions of dangerousness in court can teach us
MN Browne - Marq. L. Rev., 2007 - HeinOnline
Judges and juries must make momentous and intricate decisions. The temptation is
overwhelming for the court to request assistance from those who claim to know facts …
overwhelming for the court to request assistance from those who claim to know facts …
Jones v Kaney and Other Disincentives: Why the Supreme Court's Decision Should Prompt a Law Commission Review of the Law in Relation to Expert Witness …
P Cooper - Child & Fam. LQ, 2012 - HeinOnline
This article considers expert witness evidence in the family justice system in light of the
Supreme Court's abolition of expert witness immunity in Jones v Kaney [2011] UKSC …
Supreme Court's abolition of expert witness immunity in Jones v Kaney [2011] UKSC …
Conflict Resolution in the Courts: The Role of Science
AZ Roisman - Cardozo L. Rev., 1993 - HeinOnline
This Article is a philosophical examination of an issue that now engages many lawyers and
scientists—the proper role of science in courtroom litigation. More specifically, the issue is …
scientists—the proper role of science in courtroom litigation. More specifically, the issue is …