Improving judicial gatekeeping: technical advisors and scientific evidence
Article Abstract:
Judges can take a number of steps to promote perceptions of neutrality in the use of technical advisors to provide testimony on scientific issues. The US Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. ruled that judges should function as gatekeepers regarding the admissibility of scientific evidence. The Court recognized that technical assistance would be needed by judges. To promote fairness and openness, the parties should be involved in the selection of the technical advisor and communications between the judge and advisor should be made available to the parties.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Trial as error, jurisdiction as injury: transforming the meaning of Article III
Article Abstract:
The author describes the shift in federal court practice from trials to dispute management due to increased attention by judges on settlement and disposal of cases at early stages by making optimal use of civil procedure law and rules. The changing conception of judicial power under Article III and changes in the role of the federal judiciary are explored.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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