7,698 results on '"*EXPERT evidence"'
Search Results
102. Belt v Lawes and the Meaning of Authorship.
- Author
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Singh, Amitpal C.
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LEGAL testimony ,AUTHORSHIP ,EXPERT evidence ,ARTISTIC creation ,JUDGES ,HISTORICAL drama ,AUTHORSHIP collaboration - Abstract
The 1882 Belt v. Lawes libel trial centered around aesthetic questions, of precisely the kind that judges usually seek to avoid. The trigger for the dispute was an article in Vanity Fair by Charles Lawes, asserting that Richard Belt, a sculptor and member of the Royal Academy of Arts, relied on his assistants to do his work. At trial, Lawes proposed an artistic skills test of sorts, suggesting that Belt verify his abilities by executing a sculpture in the courtroom. This evidentiary drama, and the aesthetically-freighted arguments mustered by the parties at trial, make it a fruitful historical episode to study conceptions of authorship and the artistic process, the development of modern copyright doctrine, and the status of expert artistic testimony in the law. [ABSTRACT FROM AUTHOR]
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- 2024
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103. Expertise in the criminal judicial process.
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Gheorghe, Buzescu
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CRIMINAL liability ,JUDICIAL process ,DECISION making in law ,FREEDOM of expression ,EXPERT evidence - Abstract
Only on the basis of the exact establishment of the factual circumstances of the case, the judicial team can resolve the respective case, applying the provisions contained in the law on liability for such a situation. The judicial team will pronounce, thus, a sound and legal decision, a convincing decision both for the parties in the process and for those outside, this is necessary to ensure the preservation of legality and by law. The experts, as means of proof are used by the judicial bodies in those cases in the salt, to foresee some facts, to establish the southern connection between them, are necessary special knowledge in the field first, techniques or arts. It is not possible for the judicial team to be a specialised in all matters, and even a more complete general training could not (at this stage of development of science and technology) equally cover the the field, in all its aspects. To this it is necessary to add that in some situations a special effort is required, as a rule, it cannot be done outside the court or only with the help of some technical means. The necessity of using experts is so obvious, but it cannot be denied. More than that, it was argued that even in the case where the court would have a specialist, such a situation cannot eliminate the need to call in experts, even though the judge and the expert have the functions of the process other differences. On the other hand, the utility of using this means of evidence in the activity of the judicial team is reflected in laws and other such regulations, the legislator itself providing for the obligation to resort to expertise in certain situations. At the same time, the establishment of some state institutions intended for this purpose, the election of experts from among the specialists and the higher salification, clearly demonstrates the importance of the institution. The emphasis made in the preceding lines regarding the importance of these means of evidence and scientific evidence, should be understood in the sense that the expert's opinion does not have absolute probative force, being subject to freedom of expression of the judicial body in the light of his legal conscience and according to his conviction. Although the expertise is not decisive in resolving a dispute, it does not oblige the judicial body to give a certain solution, and only gives it the possibility to form its own opinion. It is obvious, however, that given the basis of the scientific argument of the opinion expressed by the expert, the rejection of the expert's conclusions on the grounds that they would not be convincing or the maintenance of these conclusions, although to remove one or all parts of the process, it will have to be motivated and special care. [ABSTRACT FROM AUTHOR]
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- 2024
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104. Air powder waterjet technology using erythritol or glycine powders in periodontal or peri‐implant prophylaxis and therapy: A consensus report of an expert meeting.
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Liu, Chun Ching, Dixit, Neha, Hatz, Christian R., Janson, Tobias M., Bastendorf, Klaus‐Dieter, Belibasakis, Georgios N., Cosgarea, Raluca, Karoussis, Ioannis K., Mensi, Magda, O'Neill, Jessica, Spahr, Axel, Stavropoulos, Andreas, and Schmidlin, Patrick R.
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ERYTHRITOL ,GLYCINE ,EXPERT evidence ,POWDERS ,DENTAL implants - Abstract
Objectives: To attain a collective expert opinion on the use of air powder waterjet technology (APWT) with erythritol and glycine powders in the prophylaxis and therapy of periodontal and peri‐implant diseases. Material and Methods: In the first step, a modified one‐round online Delphi survey including 44 five‐point Likert scale questions was conducted among a group of 10 expert clinicians and researchers with thorough knowledge and experience in this topic. In the second step, the single questions and the survey results were discussed during a meeting, and consensus statements were formulated, respectively. Results: An agreement was reached on most items, especially opinions supporting glycine and erythritol powders as favorable with respect to efficiency, safety, and comfort. More scientific evidence is needed to support the improvement in clinical attachment on teeth and implants, especially when APWT with erythritol is used. In addition, APWT needs more long‐term evaluation and studies in terms of microbiome/microbiological effects as well as effects on the inflammatory response on natural teeth and implants, also in light of a guided biofilm therapy concept. Conclusions: In line with the expert opinions and supported by the evidence, it was concluded that the use of APWT with erythritol and glycine powders in nonsurgical periodontal and peri‐implant therapy and prophylaxis is patient compliant and efficient. [ABSTRACT FROM AUTHOR]
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- 2024
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105. "My Culture Made Me Do It": Free Will and the Expert Witness's Dilemma.
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Rosen, Lawrence, Bartra, Roger, Duranti, Alessandro, Good, Anthony, Holden, Livia, Ngin, ChorSwang, and Renteln, Alison Dundes
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FREE will & determinism ,EXPERT evidence ,DILEMMA ,ANTHROPOLOGISTS ,PSYCHOLOGISTS - Abstract
At the core of many legal cases involving cultural background is the question of an individual's freedom to act contrary to the norms of his or her culture. Particularly in criminal cases the question is: Shall the individual, raised in a given culture, be seen as possessing unrestricted free will? Alternatively, are individuals essentially limited in their choices by their culture or forced to choose between cultural attachment and cultural alienation? When experts testify as to cultural context, what theories of free will versus cultural constraint do they exemplify? How do anthropologists' theories square with those of psychologists, geneticists, or neuroscientists addressing the same issues? In the absence of expert guidance, what assumptions do courts bring to bear on the relation of culture to free will? By looking at the approaches anthropologists have taken to these questions, we can initiate a much-needed conversation about the dilemma an expert faces in court when confronted with issues of free will. [ABSTRACT FROM AUTHOR]
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- 2024
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106. Management of Persistent, Post-adenotonsillectomy Obstructive Sleep Apnea in Children: An Official American Thoracic Society Clinical Practice Guideline.
- Author
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Ehsan, Zarmina, Ishman, Stacey L., Soghier, Israa, Almeida, Fernanda R., Boudewyns, An, Camacho, Macario, Carno, Margaret-Ann, Coppelson, Kevin, Ersu, Refika H., An Thi Nhat Ho, Kaditis, Athanasios G., Machado Jr., Almiro J., Mitchell, Ron B., Resnick, Cory M., Swaggart, Keri, and Verhulst, Stijn
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SLEEP apnea syndromes ,ALLIED health personnel ,CAREGIVERS ,MEDICAL care costs ,EXPERT evidence - Abstract
Background: Obstructive sleep apnea (OSA) is the most common sleep-related breathing disorder. Although adenotonsillectomy is first-line management for pediatric OSA, up to 40% of children may have persistent OSA. This document provides an evidence-based clinical practice guideline on the management of children with persistent OSA. The target audience is clinicians, including physicians, dentists, and allied health professionals, caring for children with OSA. Methods: A multidisciplinary international panel of experts was convened to determine key unanswered questions regarding the management of persistent pediatric OSA. We conducted a systematic review of the relevant literature. The Grading of Recommendations, Assessment, Development, and Evaluation approach was used to rate the quality of evidence and the strength of the clinical recommendations. The panel members considered the strength of each recommendation and evaluated the benefits and risks of applying the intervention. In formulating the recommendations, the panel considered patient and caregiver values, the cost of care, and feasibility. Results: Recommendations were developed for six management options for persistent OSA. Conclusions: The panel developed recommendations for the management of persistent pediatric OSA based on limited evidence and expert opinion. Important areas for future research were identified for each recommendation. [ABSTRACT FROM AUTHOR]
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- 2024
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107. Children's access to play during the COVID-19 pandemic in the urban context in Turkey.
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Sullu, Bengi
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COVID-19 pandemic ,PUBLIC spaces ,YOUNG adults ,EXPERT evidence ,CIVIL society - Abstract
In this opinion paper, I trace children's access to play in the urban context against the backdrop of the COVID-19 pandemic. Drawing on the news, civil society organizations' reports and conversations with experts working in Istanbul, Turkey during the last year, I show how children's access to public places in the city gets constrained by urban governance that neglects young people's needs. Examples from the neighborhoods of Istanbul, Turkey, indicate the importance of having in mind the whole community while thinking about bringing play opportunities in public spaces and at the same time raise questions about children's participation in these processes. [ABSTRACT FROM AUTHOR]
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- 2024
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108. How social are open-access debates: a follow-up study of tweeters' sentiments.
- Author
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Sotudeh, Hajar
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LIBRARIANS ,INFORMATION professionals ,SOCIAL networks ,EXPERT evidence ,SOCIAL context - Abstract
Purpose: Despite the widespread studies on the attitudes about OA, there exists little comparative evidence about the opinions of author and non-author parties at a global level in a social context. To bridge the gap, this study first investigated the opinions of the users who posted at least one tweet about OA in 2019. Then, it zoomed in to explore the views of the OA-interested tweeters, i.e. the users who have posted five or more tweets about OA. Design/methodology/approach: Using a content analysis method, with an opinion-mining approach, this study examined a sample of 9,268 OA-related tweets posted by 5,227 tweeters in 2019. The sentiments were analyzed using SentiStrength. A threshold of at least five tweets was set to identify the OA-interested tweeters. Findings: Academics and scholars, library and information professionals, and journals and publishers were the main OA-interested tweeters, implying that OA debates have not been widely propagated from its traditional audience to the general public. Despite an overall positive attitude, the tweeters showed negative perspectives about the gold and hybrid models, validity and quality, and costs and funds. The negativity depended on the OA features tweeted, the tweeters' occupations and gender, as well as the trends. Research limitations/implications: The low societal impact of the OA debates calls for solutions to attract the public's attention and to exploit their potential to achieve the OA ideals. The OA stakeholders' divergence necessitates finding solutions to remedy the pitfalls. It also underlines the need for scrutiny into social layers when studying society's opinions and behaviors in a social network. Originality/value: This is the first study in estimating the extent of the societal impact of OA debates, comparing the social OA stakeholders' opinions and their dependence on the OA features tweeted, the tweeter roles and gender and the tweet trending status. Peer review: The peer review history for this article is available at: https://publons.com/publon/10.1108/OIR-09-2022-0502 [ABSTRACT FROM AUTHOR]
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- 2024
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109. UNEQUAL FUNDING COMPOUNDS TRAGEDY: FAILURES IN DEFENDING AGAINST SHAKEN BABY SYNDROME CHARGES.
- Author
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Jonas, Julie
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ACTUAL innocence ,SHAKEN baby syndrome ,INFANTICIDE ,CHILD abuse ,FALSE imprisonment ,EXPERT evidence - Abstract
To date, thirty innocent people have been falsely convicted in the United States of assault or homicide of children in their care. The prosecution mechanism for achieving these wrongful convictions was the use of experts to testify to "shaken baby syndrome" or "abusive head trauma" (SBS/AHT). While it is axiomatic that no one should ever shake or abuse a child, these twin diagnoses lack scientific support and are little more than unproven hypotheses. Despite this absence of scientific support, prosecution experts have told juries that children suffered from intentional abuse that could not have been accidental or caused by alternate nontratimatic medical causes, and .juries have convicted innocent parents and caregivers based on those assertions. The defense, on the other hand, has often struggled to present even one competing expert. These convictions were later overturned when defendants were able to present qualified experts to refute these hypothetical and dubious theories. But before that ultimate victory, individual lives and families were destroyed by wrongful incarceration. To prevent these miscarriages of justice, more funding for experts needs to be allocated to poor and middle-class defendants, where the prosecution's case rests largely on medical causation. In addition, defense attorneys need to better understand how to request funding for experts in these specialized cases. This Article reviews some of the innocence-based exoneration cases and their common themes, together with the scientific disputes about the theory of SBS/AHT. It also examines the critical need for defense experts, the constitutional right to experts, and the state laws that permit funding for experts for indigent defendants. It also provides suggestions for a better statutory scheme. Finally, the Article suggests that defense attorneys should request funding for experts to challenge the very legitimacy of expert testimony on SBS/AHT. [ABSTRACT FROM AUTHOR]
- Published
- 2024
110. Transforming Science Education in an Age of Misinformation.
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Allchin, Douglas, Bergstrom, Carl T., and Osborne, Jonathan
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SCIENCE education ,SCIENTIFIC literacy ,MEDIA literacy ,MISINFORMATION ,EXPERT evidence - Abstract
Misinformation and disinformation about science have reached alarming levels. Here, we summarize a recent expert report, Science Education in an Age of Misinformation, that outlines what science education can do to address this problem and, given the urgency, has to do. We highlight the significance of teaching how the social practices of science contribute to establishing a trustworthy consensus and how students should evaluate the credibility of second-hand claims reported in the media or on the internet. We focus on the concepts of epistemic dependence on experts, competent outsiders, credibility, expertise, consensus, deceptive tactics, and science media literacy. [ABSTRACT FROM AUTHOR]
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- 2024
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111. Contrainforme Psicológico Pericial de un Caso de Abuso Sexual Infantil.
- Author
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Palomares-Rodríguez, José María, Bustos-Berruezo, Adrián, Calatrava-Urán, José Luis, and Quevedo-Blasco, Raúl
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EXPERT evidence ,ABUSED children ,FORENSIC medicine ,PRESUMPTION of innocence ,FORENSIC sciences - Abstract
Copyright of Revista Iberoamericana de Psicología y Salud is the property of Revista Iberoamericana de Psicologia y Salud and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
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112. GIVE ME LIBERTY OR GIVE ME THE SOURCE CODE: CHALLENGING A BLACK-BOX COMPUTER ALGORITHM UNDER DAUBERT.
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Murphy, Natalie
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COMPUTER algorithms ,FORENSIC sciences ,ADMISSIBLE evidence ,EXPERT evidence ,COMPUTER software ,GENOTYPES ,JUDICIAL discretion ,CRIMINAL law - Published
- 2024
113. Rights of the Maker of a Database.
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DATABASES ,EXPERT evidence ,INTELLECTUAL property ,PROTECTION of trade secrets ,CAREER development ,RAILROAD companies - Abstract
This document provides an overview of a legal case in Italy involving a company, SST Signal & System Technik GmbH, accusing other companies of unfair competition and infringement of its industrial property rights. The court ruled that the plaintiff's database did not meet the requirements for copyright protection and that there was no misappropriation of confidential information. Additionally, the court found no copyright infringement regarding the software used in the accused companies' detection system. The appellant lodged an appeal on three grounds, but the Court of Appeal ultimately ruled that the plaintiff's software did not meet the requirements for protection. [Extracted from the article]
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- 2024
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114. Forensic neuropsychiatric evaluation of a personal injury case.
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Ciccone, J. Richard, Fisher, Jerid, and Jones, Josh C. W.
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FORENSIC psychiatry ,NEUROPSYCHIATRY ,PERSONAL injury lawsuits ,EXPERT evidence ,INSANITY (Law) ,MENTAL health laws - Abstract
Civil litigation involving the forensic neuropsychiatric evaluation of a personal injury case requires an assessment of damages and causation. The expert witness is obliged to integrate data from three critical sources of information: the review of records; the results of neuropsychological testing; and the findings from the clinical examination. In civil litigation involving a personal injury claim, the expert witness can be expected to address causation and prognosis of any neuropsychiatric damages. We discuss the undertaking of a forensic neuropsychiatric evaluation, psychiatric disorders often encountered in personal injury litigation, provide case vignettes and describe a number of special types of forensic neuropsychiatric evaluations, for example, Workers' Compensation, VA Disability and Social Security Disability. [ABSTRACT FROM AUTHOR]
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- 2024
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115. Neuroethics and neurolaw in forensic neuropsychiatry: A guide for clinicians.
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Aggarwal, Neil Krishan and Jain, Abhishek
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NEUROETHICS ,NEUROSCIENCES ,NEUROPSYCHIATRY ,FORENSIC psychology ,EXPERT evidence ,CRIMINAL liability ,ADMISSIBLE evidence - Abstract
As neuroscience technologies develop, ethical and legal questions arise regarding their use and societal impact. Neuroethics and neurolaw are growing interdisciplinary fields that address these questions. This review article presents the research agenda of both areas, examines the use and admissibility of neuroscience in expert testimony and legal settings, and discusses ethical issues related to forensic neuropsychiatrists claiming expertise in neuroscience, formulating medical opinions based on neuroscience, and considering its relevance to criminal responsibility. Forensic neuropsychiatrists should be aware of emerging neuroscientific evidence, its utility and limits in rendering diagnoses and explaining behavior, and, before seeking such evidence for legal purposes, its availability and admissibility. When testifying in matters involving neuroscientific evidence, ensuring truthfulness and balance, having sufficient and validated knowledge (including openness with confirming and disconfirming evidence), understanding standards of practice, and drawing relevant and appropriate conclusions remain important. [ABSTRACT FROM AUTHOR]
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- 2024
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116. Framework for SQL Error Message Design: A Data-Driven Approach.
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Taipalus, Toni and Grahn, Hilkka
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COMPUTER software developers ,SQL ,EXPERT evidence ,CONTENT analysis ,REGRESSION analysis ,SOFTWARE frameworks ,HUMAN-computer interaction - Abstract
Software developers use a significant amount of time reading and interpreting error messages. However, error messages have often been based on either anecdotal evidence or expert opinion, disregarding novices, who arguably are the ones who benefit the most from effective error messages. Furthermore, the usability aspects of Structured Query Language (SQL) error messages have not received much scientific attention. In this mixed-methods study, we coded a total of 128 error messages from eight database management systems (DBMS), and using data from 311 participants, analysed 4,796 queries using regression analysis to find out if and how acknowledged error message qualities explain SQL syntax error fixing success rates. Additionally, we performed a conventional content analysis on 1,505 suggestions on how to improve SQL error messages, and based on the analysis, formulated a framework consisting of nine guidelines for SQL error message design. The results indicate that general error message qualities do not necessarily explain query fixing success in the context of SQL syntax errors and that even some novel NewSQL systems fail to account for basic error message design guidelines. The error message design framework and examples of its practical applications shown in this study are applicable in educational contexts as well as by DBMS vendors in understanding novice perspectives in error message design. [ABSTRACT FROM AUTHOR]
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- 2024
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117. The use and reporting practice of psychological tests in German risk and criminal responsibility expert reports.
- Author
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Wertz, Maximilian, Hank, Lisa, Hausam, Joscha, Konrad, Norbert, Schiltz, Kolja, Imhoff, Roland, and Rettenberger, Martin
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PSYCHOLOGICAL tests ,CRIMINAL liability ,EXPERT evidence ,PSYCHOMETRICS - Abstract
Assessment reports about individuals charged/convicted of offenses have an influence on significant personal consequences for examinees by sentencing decisions regarding placement in a forensic hospital or prison. As there is evidence that unstructured clinical judgments have limited accuracy, research-based practice recommendations call for the use of standardised measures and for experts to base their assessments on empirically supported psychological tests. Previous findings on the actual use of psychometric tests indicate an increasing but still heterogeneous use of psychological tests, highlighting the continued relevance of a professional debate on best diagnostic practice. A potential shortcoming, however, is that these studies almost exclusively relied on clinicians' self-reports. The present paper presents an analysis based on the actual (retrospectively assessed) usage in German risk (n = 489), criminal responsibility assessment reports (n = 272), and corresponding psychological test reports (n = 313) between 1990 and 2016. In accordance with previous survey data, results showed a frequent usage of a diverse range of psychological tests. Contrarily, performance-based personality tests, typically subsumed under so-called (semi-)projective personality tests, are still implemented regularly in forensic-clinical practice, although the number and frequency seem to be decreasing. Taken together, the findings gain an important insight into the psychological testing practive in forensic settings. [ABSTRACT FROM AUTHOR]
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- 2024
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118. Aportes de la neurociencia al proceso penal colombiano desde el punto de vista de la dimensión jurídico-política de la sostenibilidad.
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RODRÍGUEZ SARMIENTO, JUAN PABLO, RAMÍREZ ROBLES, HEIMY YULIANA, GARAVITO SILVA, HÉCTOR DAVID, and RAMOS RODRÍGUEZ, CRISTÓBAL
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CRIMINAL evidence ,EXPERT evidence ,CRIMINAL procedure ,ORDER picking systems ,CIVIL rights - Abstract
Copyright of Nuevo Foro Penal is the property of Universidad EAFIT and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
- Full Text
- View/download PDF
119. Discounting constituent attitudes: motivated reasoning, ambiguity, and policymaker perceptions of constituent characteristics.
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Bergan, Daniel E, Shulman, Hillary C, and Carnahan, Dustin
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EXPERT evidence ,AMBIGUITY ,RESEARCH personnel ,ATTITUDE (Psychology) - Abstract
In experimental work, researchers have found that policymakers discount the opinions of constituents with whom they disagree. We build on these results with a national sample of local policymakers in the United States, exploring whether communicators can prevent policymakers from discounting their opinions by providing evidence of their own knowledge about a topic. We find that policymakers discount the opinions of hypothetical constituents with whom they disagree, but there is evidence that providing unambiguous evidence about a letter-writer's positive traits can reduce this discounting. We conclude with a discussion of implications for theory as well as practical implications for communicating with policymakers. [ABSTRACT FROM AUTHOR]
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- 2024
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120. KEBOLEHTERIMAAN KETERANGAN ANJING PENGESAN DI AMERIKA SYARIKAT.
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Kung, Kevin Brendan, Rajamanickam, Ramalinggam, and Said, Muhammad Helmi Md.
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CRIMINAL procedure ,EXPERT evidence ,LAW enforcement agencies ,LEGAL evidence ,CRIMINAL convictions - Abstract
With technology advancing at lightning speed, new forensic investigatory techniques have been developed. However, some convictions in criminal cases still depend on old and traditional techniques like using tracking dogs or K-9. It is common knowledge, dogs are intelligent animals and have keen sense of smell. In the early days, courts in America were hesitant to accept evidence from tracking dogs and have expressed many concerns in particular of dogs drawing inferences. However, tracking dog evidence has been accepted by courts in America since a decade ago. As dogs cannot go to the witness box to give evidence in court, their handlers are allowed to give evidence on behalf of their dogs in relation to the tracking and tracing. Courts in other jurisdictions have regarded dog handlers as an expert witness. This causes their opinions to be accepted as expert evidence. This writing discusses on the usage of tracking dogs by law enforcement agencies. Besides that, this articles also discusses the admissibility of tracking dog evidence by the courts in America. The methodology employed in this paper are descriptive, doctrinal, analytic and prescriptive in which case law, journal and books pertaining tracking dog evidence are analysed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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121. The scholarship–practitioner nexus: lessons from Latin American foreign policy.
- Author
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Deciancio, Melisa
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INTERNATIONAL relations ,DEVELOPING countries ,ARCHIVES ,EXPERT evidence - Abstract
Various studies have explored the role of International Relations research in policy-making, predominantly focusing on countries in the global North. However, there needs to be a better understanding of this dynamic in peripheral countries of the global South. This article addresses this gap by examining the relationship between theory and practice in Latin American foreign policy; the synergy between scholarly research and practical implementation offers valuable insights. This interplay sheds light on the impact research can have by developing unique theoretical frameworks and guiding current foreign policy strategies. Using Argentine foreign policy as a case-study, I explore specialized knowledge networks that have driven foreign policy studies, their inception in Latin America and pivotal theoretical developments that have influenced both academia and policy. Employing qualitative analysis, I triangulate data from diverse sources such as archives, official documents, journals, institutional histories, reports and expert interviews. This investigation underscores the collaborative efforts of Latin American scholars and policy-makers, driven by a shared goal to address regional challenges through both theoretical insights and practical solutions. [ABSTRACT FROM AUTHOR]
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- 2024
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122. Secuencia Didáctica por el Pensamiento Crítico para Fortalecer la Formación de la Ética en los Estudiantes de Derecho de la Universidad Cooperativa de Colombia.
- Author
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Yate Vega, Jhon Felipe
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LAW students ,PROFESSIONAL ethics ,DECISION making ,EXPERT evidence ,UNDERGRADUATES ,CRITICAL thinking - Abstract
Copyright of Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
123. Homicide or suicide? A probabilistic approach for the evaluation of the manner of death in sharp force fatalities.
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Irmici, Marco, D'Aleo, Michele, Pelletti, Guido, Pirani, Filippo, Giorgetti, Arianna, Fais, Paolo, and Pelotti, Susi
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FORENSIC sciences ,HOMICIDE ,FORENSIC pathology ,SUICIDE ,SUICIDE victims ,EXPERT evidence - Abstract
The role of forensic science can be defined as providing relevant opinions to assist investigators and courts of law in answering questions. The Likelihood Ratio (LR) provides a quantitative and logical approach to communicating the strength of expert evidence. We reviewed existing forensic literature on sharp force fatalities, focusing on studies reporting the manner of death and the frequency of some characteristics that are traditionally assessed. Four studies were included, resulting in a database of 173 suicides and 354 homicides. The LR of each of the characteristic under both hypotheses (suicide and homicide) was obtained. Subsequently, the LR was computed in six fatalities with known manner of death, three suicides and three homicides, by multiplying the corresponding LR of each individual characteristic. LR ranged from 115 to 140,250 in suicidal cases and from 9 to 2728 in homicidal cases. Compared to other fields of forensic science where LR is used extensively, the values obtained in our cases of sharp force fatalities is low. However, in forensic pathology there is evidence that is outside the expert's opinion, and it is for the trier of fact, such as the judge or jury, to draw conclusions. Nevertheless, the LR serves as a tool for interpreting and weighing evidence while maintaining the distinct roles of the trier of fact and the expert. To comprehensively apply the LR in the field of sharp force deaths, it will be necessary to standardize the methodology of investigation and data collection in descriptive studies. [ABSTRACT FROM AUTHOR]
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- 2024
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124. The over‐citation of Daubert in forensic anthropology.
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Lesciotto, Kate M. and Christensen, Angi M.
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FORENSIC anthropology ,DAUBERT v. Merrell Dow Pharmaceuticals Inc. ,EXPERT evidence ,LEGAL judgments ,FORENSIC sciences ,THEMATIC analysis - Abstract
The 1993 US Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals, Inc. presented new guidance for the judicial assessment of expert witness evidence and testimony in the determination of admissibility. Despite the rarity of admissibility challenges to forensic anthropology evidence, Daubert is frequently cited in published forensic anthropology research. This study undertook a qualitative thematic analysis of forensic anthropology articles published in the Journal of Forensic Sciences to assess why authors continue to cite Daubert and express concerns over potential exclusion. The results show a significant increase in the number of articles that cite legal admissibility standards over time (p < 0.001). Authors frequently cite these standards to contextualize their results within the Daubert framework or to justify the need for their research. Notably, many articles present Daubert as a constraining force, misinterpreting the guidelines as rigid criteria or that they require methods to be strictly quantitative. However, Daubert was intended to be a flexible tool for judges—not a standard or instruction for scientists. While it was reasonable to reflect on the scientific rigor of methods in the wake of the Daubert decision, a new perspective is warranted in which forensic anthropologists shift their focus from trying to "satisfy" admissibility guidelines to adopting quality assurance measures that minimize error and ensure confidence in analytical results, and developing and using methods that are grounded in good science—which is important regardless of whether or not the results are ever the subject of a trial. [ABSTRACT FROM AUTHOR]
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- 2024
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125. VIOLÊNCIA OBSTÉTRICA: HÁ RESPONSABILIZAÇÃO JUDICIAL PELA “DOR NECESSÁRIA” DO PARTO?
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de Mendonça Barroso, Ana Beatriz and Dionísio de Andrade, Mariana
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LEGAL judgments ,MALPRACTICE ,EXPERT evidence ,MEDICAL personnel ,DAMAGES (Law) - Abstract
Copyright of Revista de Direitos Fundamentais & Democracia is the property of Revista de Direitos Fundamentais & Democracia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
126. The Saudi urological association guidelines on urolithiasis.
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Kamal, Wissam, Azhar, Raed, Hamri, Saeed, Alathal, Abdulaziz, Alamri, Abdulaziz, Alzahrani, Tarek, Abeery, Hussain, Noureldin, Yasser, Alomar, Mohammad, Al Own, Abdulrahman, Alnazari, Mansour, Alharthi, Majid, Awad, Mohannad, Halawani, Abdulghafour, Althubiany, Hatem, Alruwaily, Abdulrahman, and Violette, Phillipe
- Subjects
UROLOGISTS ,URINARY calculi ,SAUDI Arabians ,EXPERT evidence - Abstract
Aims: The Saudi Urolithiasis Guidelines are a set of recommendations for diagnosing, evaluating, and treating urolithiasis in the Saudi population. These guidelines are based on the latest evidence and expert consensus to improve patient outcomes and optimize care delivery. They cover the various aspects of urolithiasis, including risk factors, diagnosis, medical and surgical treatments, and prevention strategies. By following these guidelines, health-care professionals can improve care quality for individuals with urolithiasis in Saudi Arabia. Panel: The Saudi Urolithiasis Guidelines Panel consists of urologists specialized in endourology with expertise in urolithiasis and consultation with a guideline methodologist. All panelists involved in this document have submitted statements disclosing any potential conflicts of interest. Methods: The Saudi Guidelines on Urolithiasis were developed by relying primarily on established international guidelines to adopt or adapt the most appropriate guidance for the Saudi context. When necessary, the panel modified the phrasing of recommendations from different sources to ensure consistency within the document. To address areas less well covered in existing guidelines, the panel conducted a directed literature search for high quality evidence published in English, including meta analyses, randomized controlled trials, and prospective nonrandomized comparative studies. The panel also searched for locally relevant studies containing information unique to the Saudi Arabian population. The recommendations are formulated with a direction and strength of recommendation based on GRADE terminology and interpretation while relying on existing summaries of evidence from the existing guidelines. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
127. Visual Perception of Breast Free Flap Size Is Influenced by Radiation Changes of Surrounding Tissue.
- Author
-
Lu, Yi-Hsueh, Wang, Fei, Rothchild, Evan, Greige, Nicolas, Mehta, Karan, Weichman, Katie E., and Ricci, Joseph A.
- Subjects
FREE flaps ,VISUAL perception ,RADIATION ,ODDS ratio ,EXPERT evidence - Abstract
Background Microsurgical reconstruction for bilateral mastectomy defects after unilateral radiation often results in asymmetry, despite both flap tissues never being radiated. Methods Photos of 16 patients who received prior radiation to one breast and underwent bilateral abdominal free flap reconstruction were taken postoperatively. Layperson and expert assessment were attained via online crowdsourcing and a panel of attending surgeons and senior residents. Stratification by interflap weight differences was done for subanalysis. Results A total of 399 laypersons responded, with the majority (57.3%) reporting that the radiated breast appeared smaller than the nonradiated breast. When the photos were stratified by interflap weight differences, the photos with the radiated side flap weight over 3% more than nonradiated side were significantly more likely to be perceived by laypersons as the same size (odds ratio [OR] = 2.7; p < 0.001) and of similar aesthetic (OR = 1.9; p < 0.001) when compared with photos with same-sized flaps. Of the expert responses (n = 16), the radiated side was perceived as smaller 72.3% of the time and the nonradiated side appeared more aesthetic 52.7% of the time. Contrary to layperson responses, the experts tend to report the radiated side as smaller despite varying flap weight. Interestingly, expert raters were significantly more likely to rate the flaps of equal aesthetics when the radiated side has a flap larger by 3% or more (OR = 3.6; p < 0.001). Conclusion Higher aesthetic scores were noted when larger flaps were inset to the radiated envelope by both laypersons and experts, suggesting potential technical refinement in reconstructive outcomes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
128. NO PLACE FOR JUNK SCIENCE OR JUNK HISTORY.
- Author
-
BERMAN, KENNETH R.
- Subjects
LEGAL evidence ,CONSTITUTIONAL law ,EXPERT evidence ,GUIDELINES - Abstract
The article focuses on the challenges and implications of using historical evidence in constitutional interpretation, particularly in comparison to the rigorous standards applied to scientific expert testimony. It argues that while the U.S. Supreme Court has set stringent guidelines for assessing scientific evidence to avoid "junk science," similar scrutiny is lacking in evaluating historical evidence, which can lead to flawed constitutional decisions.
- Published
- 2024
129. A. Timothy Martin, John Gilbert and Peter Roberts, The Third Leg of the Stool has Arrived!—Joint Venture Disputes in the Energy and Natural Resource Sectors.
- Author
-
Nadorff, Norman J
- Subjects
NATURAL resources ,JOINT ventures ,POWER resources ,CIVIL procedure ,CONTRACTS ,EXPERT evidence ,LAW firms - Abstract
The article titled "The Third Leg of the Stool has Arrived!—Joint Venture Disputes in the Energy and Natural Resource Sectors" is a review of the book "Joint Venture Disputes in the Energy and Natural Resource Sectors." The book is described as an essential resource for practitioners and academics of energy law, providing comprehensive information on joint ventures and managing disputes in the energy and natural resource sectors. The book is divided into three parts, covering an overview of joint ventures, disputed issues in joint ventures, and managing joint venture disputes. The review praises the authors for their expertise and experience in compiling the book, and highlights the insightful analysis of specific arbitration cases provided in the book. Overall, the review recommends "Joint Venture Disputes" as a valuable resource for professionals in the field. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
130. Do the Federal Rules of Evidence Permit a Government Expert Witness to Testify in a Drug Trafficking Case That Most Couriers Know They Are Carrying Illegal Drugs?
- Author
-
Weisenfeld, David
- Subjects
EXPERT evidence ,CRIMINAL procedure ,DRUGS ,DRUG traffic - Abstract
What an expert witness can testify about in a criminal case without running afoul of the Federal Rules of Evidence is at the heart of this dispute. At issue is whether the government expert's statement that drug trafficking organizations rarely entrust large quantities of drugs to unknowing couriers amounted to out-of-bounds testimony about the defendant's mental state. [ABSTRACT FROM AUTHOR]
- Published
- 2024
131. Be careful with the use of experts.
- Author
-
Charmatz, Marc
- Subjects
EXPERT evidence ,STUDENTS with disabilities ,UNIVERSITIES & colleges ,ACTIONS & defenses (Law) ,DOCUMENTATION - Abstract
Students with disabilities often request auxiliary aids and services and academic modifications. Colleges and universities may grant these requests, but if they do not, the institutions may respond by demanding written documentation and/or expert reports. However, this may result in unnecessary, time‐consuming, and costly litigation. Here are some suggestions to avoid lawsuits on these issues. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
132. STAY IN YOUR LANE: WHAT THE JUDGE WISHES YOU KNEW.
- Author
-
Lewis, Marilea W. and Flynn, Michael
- Subjects
JUDGES ,EXPERT evidence ,LEGAL evidence ,WISHES ,PSYCHOLOGISTS - Abstract
The article titled "STAY IN YOUR LANE: WHAT THE JUDGE WISHES YOU KNEW" provides advice for psychologists who are called to testify in court. The article emphasizes the importance of preparing for the courtroom experience and staying within the boundaries of one's expertise. It highlights the adversarial nature of the courtroom and the need for credible and reliable evidence. The article also offers tips for witnesses, such as listening carefully to questions, answering honestly, and avoiding speculation. Overall, the article aims to help psychologists navigate the courtroom environment effectively. [Extracted from the article]
- Published
- 2024
133. Verfahren.
- Subjects
EXPERT evidence ,FILING systems (Documents) ,COURT records ,FINES (Penalties) ,EURO - Abstract
Copyright of Breithaupt is the property of Richard Boorberg Verlag GmbH & Co KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
134. Forensic Analysis, Expert Testimony and the Right to Confrontation.
- Author
-
Dobson, Mark M.
- Subjects
EXPERT evidence ,CERTIORARI ,FEDERAL courts ,APPELLATE courts ,STATE courts ,FORENSIC psychology - Abstract
This case will be the fourth time the Supreme Court has addressed the right to confrontation when dealing with expert testimony about forensic testing and analysis. The last time, in Williams v. Illinois, 567 U.S. 50 (2012), a 4–1–4 plurality opinion caused uncertainty in the lower federal and state courts. Much of the uncertainty is over a neverending question for hearsay and Confrontation Clause analysis—what is “testimonial†hearsay under the Confrontation Clause, one issue this case may address in the context of testimony about forensic analysis. The Court accepted certiorari on one question, which may present several subsidiary issues: whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements. [ABSTRACT FROM AUTHOR]
- Published
- 2024
135. FRYE & SUGDEN VERSUS NEW YORK'S RULE PREVENTING THE DIRECT USE OF LEARNED TREATISES AT TRIAL: THE FACTS LOSE.
- Author
-
Kessler, Michael W.
- Subjects
EXPERT evidence ,SCIENTIFIC literature ,TRIALS (Law) ,JURY ,HEARSAY evidence ,CROSS-examination - Abstract
This article addresses three often incongruent New York aspects of evidence which, taken together, may impair the ability of a jury to effectively consider the merits of expert testimony: (1) The prohibition of the use of scientific literature at trial except on cross-examination, and then only if the expert recognizes the work as "authoritative;" (2) The professional reliability exception to the hearsay rule as a basis for expert opinion; and (3) The requirement that an expert demonstrate that the basis for an opinion is generally accepted within the applicable professional community. The impact of these frequently contradictory rules can make it difficult for the finder of fact at trial to distinguish which of likely conflicting expert opinions is more credible. The paradox is that for an expert to give an opinion, they must demonstrate that it is based on generally accepted principles by presenting scientific literature. However, during the trial, the jury almost inevitably cannot consider this same literature and must assume that the expert's opinion is supported by it and well founded. In contrast to New York law, the approach of the overwhelming majority of states and embodied in Federal Rule of Evidence 803 (18), allows the direct use of professional literature. Adopting this widely recognized hearsay exception in New York would enable an expert to better establish a foundation for their opinion to the jury, and result in more sound and just outcomes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
136. Making the Most Credible Expert Witnesses.
- Author
-
Crone, Jennifer
- Subjects
LAW firms ,TRUST ,FOOTBALL players ,SPACE shuttles ,EXPERT evidence - Abstract
This article, titled "Making the Most Credible Expert Witnesses," emphasizes the importance of expert witness credibility in legal proceedings. It highlights the need for experts to have relevant and accurate credentials, as well as the importance of being likable, relatable, and unbiased. The article also emphasizes the importance of experts staying within their area of expertise and being prepared for adversarial environments. It concludes by suggesting that attorneys should ask their experts to listen to the court and follow directions to maintain credibility with the jury. [Extracted from the article]
- Published
- 2024
137. BVLaw Review: The Top Valuation Cases of 2023.
- Author
-
“Jim” Alerding, R. James
- Subjects
EXPERT evidence ,DISTRICT courts ,REDEMPTION (Law) ,VALUATION ,MARKET value - Published
- 2024
138. A Tougher Look at Expert Testimony.
- Author
-
Milling, Catherine
- Subjects
DAUBERT v. Merrell Dow Pharmaceuticals Inc. ,LEGISLATIVE amendments ,ADMISSIBLE evidence ,EXPERT evidence ,LAW reports, digests, etc. - Published
- 2024
139. Choosing, Preparing, and Presenting Witnesses at Trial: Direct and Cross.
- Author
-
Miller, Craig D.
- Subjects
EXPERT evidence ,TRIALS (Law) ,CIVIL procedure ,WITNESSES - Abstract
This article discusses the importance of selecting, preparing, and presenting witnesses in civil cases. It emphasizes the need for thorough preparation and provides tips for selecting expert witnesses, such as conducting a literature search and reaching out to expert organizations. The article also highlights the importance of vetting experts and providing them with well-organized materials. Additionally, it offers advice on preparing percipient witnesses and provides guidance on direct and cross-examination techniques for both percipient and expert witnesses. The article concludes by emphasizing the importance of thorough preparation in order to increase the chances of success in trial. [Extracted from the article]
- Published
- 2024
140. Navigating a Timed Arbitration: Strategies and Challenges in the Race Against the Clock.
- Author
-
Walker, Laranda Moffett and Griffith, Megan Elise
- Subjects
ARBITRATION & award ,EXPERT evidence ,APPLICABLE laws ,DISPUTE resolution ,INTERNATIONAL arbitration ,LEGAL evidence ,DOCUMENTARY evidence - Abstract
This article discusses strategies and challenges in navigating a timed arbitration. The author shares their experience as plaintiff's counsel in a trade secrets case that was set for a jury trial but later agreed to be submitted to a single arbitrator. The parties agreed on various rules, including time limits for opening statements and witness examinations, as well as the use of witness statements instead of live testimony. The article emphasizes the importance of staying flexible and considering alternative dispute resolution to meet client goals. It also provides tips on using opening statements effectively, submitting authentic witness statements, helping expert witnesses understand their role, researching the arbitrator's prior cases, and using the post-hearing brief to tie all the evidence together. [Extracted from the article]
- Published
- 2024
141. Artificial Intelligence and Insurance-Part I.
- Author
-
Levine, Michael S., Pappas, Alex D., Devriese, Iris, and Balasubramaniyan, Shiva
- Subjects
ARTIFICIAL intelligence ,EXPERT evidence ,GENERATIVE artificial intelligence ,CLASS actions ,NATURAL language processing ,DATABASES ,FEDERAL Rules of Evidence (U.S.) ,STATISTICAL learning - Abstract
This article explores the impact of artificial intelligence (AI) on the insurance industry, specifically focusing on underwriting, claims processing, and litigation. It discusses the transformative nature of AI and its potential to reshape these aspects of insurance. The article also addresses the challenges and opportunities associated with AI in insurance, such as bias and data privacy concerns. It emphasizes the importance of understanding and managing AI risks in order to navigate this rapidly evolving landscape. Additionally, the article examines the use of AI in claims processing and its legal implications, including the need for insurers to justify their decisions and the questions surrounding the admissibility of AI-generated evidence in court. The future of AI in the courtroom is uncertain, but it is likely to impact discovery rules and require greater explanation and authentication of AI-generated evidence. [Extracted from the article]
- Published
- 2024
142. CLOSE THE GATE! A DAUBERT ARGUMENT FOR EXCLUDING INDUSTRY-FUNDED "SCIENCE".
- Author
-
Smith, Dayna
- Subjects
DAUBERT v. Merrell Dow Pharmaceuticals Inc. ,RESEARCH funding ,EXPERT evidence ,CROSS-examination ,CIVIL defendants - Abstract
Many people understand that industry and industry organizations lobby to promote their agendas. However, industry groups also fund scientific studies to support industry activity, generally exploiting the public's trust in science. Many industry-backed studies are plagued by improper influence and bias that skews the results in a positive direction on behalf of the company. This science ultimately gets published, and the public relies on it, causing harm and creating a breeding ground for litigation against industry members. Then, when industry defendants enter the courtroom, they bring with them the same biased, industry-funded science through their experts. This Article argues that judges should use the Daubert standard to exclude improper, industry-funded science from the courtroom. It first describes the problem with industry-backed science. Then, it describes the evolution of the Daubert standard. Finally, this Article argues that plaintiffs' attorneys can use the Daubert standard to argue for the exclusion of industry-funded science from evidence. Specifically, it argues that judges should forgo their usual deference to cross-examination and examine the underlying science for unreliability due to bias. [ABSTRACT FROM AUTHOR]
- Published
- 2024
143. BVU News and trends.
- Subjects
UNITED States economy ,VALUATION of corporations ,BUSINESS valuation ,EMPLOYEE ownership ,BUSINESS enterprises ,EXPERT evidence ,REAL estate investment trusts ,STOCK funds - Published
- 2024
144. Les armes á feu de fabrication privée et la définition d'« arme á feu » de Particle 2 du Code criminel.
- Author
-
MacKay, Jean-Philippe
- Subjects
CRIMINAL codes ,JUDGE-made law ,GUN laws ,FIREARMS ,EXPERT evidence - Abstract
Copyright of Canadian Criminal Law Review is the property of Carswell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
145. Expert Evidence of "Risk Assessments" and the Preventive Detention of "Dangerous Prisoners".
- Author
-
Scott, Russ, Coyle, Ian, and AO KC, Ian Freckelton
- Subjects
RISK assessment ,SEX offenders ,MEDICAL personnel ,PSYCHOLOGISTS ,CHILD sexual abuse ,LEGAL status of prisoners ,EXPERTISE ,INVOLUNTARY hospitalization - Abstract
The Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) provides for the preventive detention of a prisoner if there is "acceptable, cogent evidence" to a "high degree of probability" that the prisoner is a "serious danger to the community" because of an "unacceptable risk" that the prisoner will commit a "serious sexual offence". In preventive detention cases courts rely on the expert opinion of psychiatrists and psychologists who often use actuarial risk assessment instruments. In Black v Attorney-General (Qld) [2022] QCA 253 the Queensland Court of Appeal considered a decision to detain an offender who had a history of possessing and trading child sexual exploitation material but who had not previously been proved to have committed a contact offence against a child. This article analyses the reasoning of the Court of Appeal and critically examines the reliability of probabilistic risk assessment tools and the validity of expert evidence about risk in the preventive detention context. [ABSTRACT FROM AUTHOR]
- Published
- 2023
146. Forensic Science Integration in Legal Education: A Paradigm Shift for Strengthening Legal Expertise in Pakistan.
- Author
-
Ali, Muhammad Imran
- Subjects
LEGAL education ,FORENSIC sciences ,SCHOOL integration ,FORENSIC science education ,LAW students ,EXPERT evidence ,LAW schools ,CRIMINAL investigation - Abstract
The objective and scientific interpretation of evidence provided by forensic science is a crucial component of the contemporary judicial system. In Pakistan, forensic science education is not a part of the required curriculum for obtaining a Bachelor of Law (LL.B.) degree. Lawyer's knowledge of the scope and limits of forensic research is hindered by the absence of a thorough forensic science component within law school. This, in turn, may obstruct the proper use of forensics in court procedures, which can slow down the distribution of justice. Forensic science education offers numerous benefits, including a holistic understanding of law and forensic science, interdisciplinary skills development, enhanced collaboration between lawyers and experts, and the development of specialized lawyers for handling complex cases. Law students may benefit from a deeper grasp of the scientific processes involved in criminal investigation, evidence collecting, preservation, analysis, and presentation by taking forensic science courses. Future lawyers will benefit from this understanding while trying cases, challenging expert testimony, and arguing on behalf of their clients. This article addresses the advantages, problems, and possible tactics for integrating forensic science into the LL.B. curriculum in Pakistan. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
147. "Catastrophic": A qualitative exploration of survivors experiences of expert instruction in private law child arrangements proceedings.
- Author
-
Grey, Rachael
- Subjects
CIVIL law ,PARENT-child legal relationship ,LEGAL status of children ,PSYCHOTHERAPY ,FAMILY law courts ,JUVENILE courts ,EXPERT evidence - Abstract
This article explores the lived experiences of female survivors of domestic abuse when an expert had been instructed in private law family court proceedings in England and Wales. It considered survivors' lived experiences from the moment that an expert was suggested to the expert report outcome. The study found that when the family court has made no findings of domestic abuse the court's focus shifts from the perpetrator to a survivors' behaviour. Survivors described that, despite their reservations, they considered the expert assessment to be the last opportunity for a professional to recognise the domestic abuse and change the court's opinion. Survivors found that their natural brain's response to trauma, due to abuse, was repackaged and (mis)diagnosed as disordered behaviour. Expert reports recommended psychological treatments that were often conditional to any future changes to child arrangements in their favour. Further, survivors' lived experiences described how perpetrators were able to harness the legal mechanism of child removal and use it as a form of post-separation coercive control, often supported by the expert. Overall, survivors' lived experiences raised serious professional and safeguarding concerns, as well as ethical issues about the role and impact of the expert in private law child arrangements proceedings. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
148. Evaluation of Lean Manufacturing Tools and Digital Technologies Effectiveness for Increasing Labour Productivity in Construction.
- Author
-
Kulakov, Kirill Y., Orlov, Alexandr K., and Kankhva, Vadim S.
- Subjects
DIGITAL technology ,LEAN management ,LEAN construction ,LITERATURE reviews ,CONSTRUCTION projects ,EXPERT evidence - Abstract
Multiple studies are devoted to problems of construction labour productivity and methods of increasing it. These studies contain systematized factors and the main measures that can be applied to influence them. However, the issues of reducingdowntime in design and construction by integrating Lean manufacturing tools and innovative digital technologies to increase construction labour productivity have not yet been actively studied. This paper examines the quantitative assessment of the impact of tools for Lean construction and the digitalization of business processes on labour productivity when implementing investment projects in development and changes in the effectiveness of projects. The conducted study contains an extensive review of the literature, identifies time losses as an important labour productivity factor, proposes a practical approach to the implementation of Lean 4.0 technology in the activities of a development company, and provides practical calculations of labour productivity for the existing project. Expert and calculated evidence of the positive impact of Lean 4.0 on labour productivity and performance parameters of construction projects are presented here. The effects of the introduction of tools and principles of Lean-digital technologies for construction project participants, as well as recommendations for the implementation of the proposed approach in construction practice, are discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
149. RECOMMENDATIONS FOR THE FORENSIC EVALUATION OF THE TESTIMONY IN CASES OF FALSE MEMORIES.
- Author
-
SELAYA, ADRIANA, OTGAAR, HENRY, and VILARIÑO, MANUEL
- Subjects
FALSE testimony ,JUDICIAL error ,COGNITIVE bias ,EXPERT evidence ,ACTUAL innocence ,FALSE memory syndrome - Abstract
Copyright of Acción Psicológica is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
150. ADMITTING EVIDENCE OF CLIMATE CHANGE UNDER DAUBERT: CLIMATE EXPERTS AS RELIABLE, HYPER-QUALIFIED TECHNICIANS.
- Author
-
BROSE, EDMUND H. S.
- Subjects
CLIMATE change ,EXPERT evidence ,LEGAL judgments ,ADMISSIBLE evidence ,CLIMATOLOGY - Published
- 2023
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