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10. INFLUENCE DIAGRAMS FOR COMPLEX LITIGATION.

Author

Biedermann, Alex and Koehler, Jonathan J.

Subjects
Graphic methods -- Research -- Usage, Complex litigation -- Management -- Methods -- Research, Algorithms -- Research -- Usage, Company business management, Algorithm
Abstract

In the late 1990s, Billy Beane, the general manager of the Oakland Athletics baseball team, did something that no other professional sports team manager had been willing to do: he [...], Effective advocacy depends critically on the ability of attorneys to formulate, analyze, and compare rival courses of action. Whereas attorneys have been doing these things for centuries using little more than their gut instincts and experiences, sophisticated decision aids are now available that can improve the way attorneys assess the value of their cases and the strategic decisions that they make. These aids are proving valuable in medicine and business, but they have not impacted legal practice. This Article seeks to correct this oversight by showing how easy-to-use graphical models provide guidance for strategic legal decisions. Beginning with a paradigmatic example of a plaintiff who must choose between proceeding to trial or settling out of court, the Article shows how decision aids handle the uncertainties and interdependencies that arise when real-world considerations are introduced. In particular, the Article makes the case that influence diagrams, a relative newcomer in the field of decision analysis, should be the decision aid of choice in complex litigation matters.

Published
2022

13. Forensic bitemark identification: weak foundations, exaggerated claims.

Author

Saks, Michael J, Albright, Thomas, Bohan, Thomas L, Bierer, Barbara E, Bowers, C Michael, Bush, Mary A, Bush, Peter J, Casadevall, Arturo, Cole, Simon A, Denton, M Bonner, Diamond, Shari Seidman, Dioso-Villa, Rachel, Epstein, Jules, Faigman, David, Faigman, Lisa, Fienberg, Stephen E, Garrett, Brandon L, Giannelli, Paul C, Greely, Henry T, Imwinkelried, Edward, Jamieson, Allan, Kafadar, Karen, Kassirer, Jerome P, Koehler, Jonathan 'Jay', Korn, David, Mnookin, Jennifer, Morrison, Alan B, Murphy, Erin, Peerwani, Nizam, Peterson, Joseph L, Risinger, D Michael, Sensabaugh, George F, Spiegelman, Clifford, Stern, Hal, Thompson, William C, Wayman, James L, Zabell, Sandy, and Zumwalt, Ross E

Subjects
admissibility, bite mark, expert evidence, forensic science, Clinical Research, Law, Applied Ethics
Abstract

Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification-highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications-highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence.

Published
2016

19. Questions about Forensic Science

Author

Harmon, Rockne, Budowle, Bruce, Langenburg, Glenn, Houck, Max M., Kelly, Jan Seaman, Saks, Michael J., and Koehler, Jonathan J.

Published
2006

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