Expert opinions put to the test; decision addresses accommodations for disabled

Article Abstract:

Bartlett v. New York State Board of Law Examiners reached the US Court of Appeals for the 2d Circuit in 1998 and the finding was that the ADA entitled the plaintiff to accommodations when taking the bar examination even though an outside expert hired by the examiners concluded she was not handicapped. The appeals court found this outside expert did not use the appropriate testing measures. One of the ruling's lessons is that licensing boards need to be careful they have an expert they can defend.

Management, Cases, Discrimination against disabled persons, Handicapped discrimination, Bar examinations

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Search-and-rescue missions; finding the hidden issues in a case protects your client's assets - and yours

Article Abstract:

The article discusses a new legal duty, to advise clients on asset protection planning as a way to protect these assets from creditors. The author considers what might cause this or other duties beyond the immediate scope of the lawyer's engagement.and the steps a lawyer should take to discharge the duty to advise on asset protection issues effectively.

Standards, Laws, regulations and rules, Legal ethics, Debtor and creditor

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Economic testimony under fire; courts are increasingly finding economists unreliable as expert witnesses

Article Abstract:

The increase in courts finding economists unreliable as expert witnesses is discussed. Since the Daubert and Kumho rulings, most circuit courts have ordered economists' expert testimony in antitrust cases under Daubert excluded. Ways of evaluating the qualifications of the expert economist are discussed.

Evaluation, Evidence, Expert, Expert evidence

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