I-O psychology in the courtroom: Implications of the "Daubert" standard

2000 ◽  
Author(s):  
Michael M. Harris
Keyword(s):  
Daubert Standard

scholarly journals Digital Forensic Analysis of Industrial Control Systems Using Sandboxing: A Case of WAMPAC Applications in the Power Systems

Energies ◽  
2019 ◽  
Vol 12 (13) ◽  
pp. 2598
Author(s):  
Asif Iqbal ◽  
Farhan Mahmood ◽  
Mathias Ekstedt
Keyword(s):  
Power Systems ◽  
Control Systems ◽  
Forensic Analysis ◽  
Cyber Attacks ◽  
Power Grids ◽  
Cyber Attack ◽  
Industrial Control ◽  
Industrial Control Systems ◽  
Daubert Standard ◽  
And Control

In today’s connected world, there is a tendency of connectivity even in the sectors which conventionally have been not so connected in the past, such as power systems substations. Substations have seen considerable digitalization of the grid hence, providing much more available insights than before. This has all been possible due to connectivity, digitalization and automation of the power grids. Interestingly, this also means that anybody can access such critical infrastructures from a remote location and gone are the days of physical barriers. The power of connectivity and control makes it a much more challenging task to protect critical industrial control systems. This capability comes at a price, in this case, increasing the risk of potential cyber threats to substations. With all such potential risks, it is important that they can be traced back and attributed to any potential threats to their roots. It is extremely important for a forensic investigation to get credible evidence of any cyber-attack as required by the Daubert standard. Hence, to be able to identify and capture digital artifacts as a result of different attacks, in this paper, the authors have implemented and improvised a forensic testbed by implementing a sandboxing technique in the context of real time-hardware-in-the-loop setup. Newer experiments have been added by emulating the cyber-attacks on WAMPAC applications, and collecting and analyzing captured artifacts. Further, using sandboxing for the first time in such a setup has proven helpful.

Standardizing the Psychological Autopsy: Addressing the Daubert Standard

2006 ◽  
Vol 36 (5) ◽  
pp. 511-518 ◽  
Author(s):  
Jenifer E. Snider ◽  
Steve Hane ◽  
Alan L. Berman
Keyword(s):  
Psychological Autopsy ◽  
Daubert Standard

scholarly journals Making Rule 23 Ideal: Using a Multifactor Test to Evaluate the Admissibility of Evidence at Class Certification

2019 ◽  
pp. 149-171
Author(s):  
Cinan Lesley
Keyword(s):  
Certification Process ◽  
Admissible State ◽  
Daubert Standard ◽  
Rules Of Evidence ◽  
Federal Rules Of Evidence ◽  
Circuit Courts

Circuit courts are split on whether and to what extent the Daubert standard should apply at class certification. Potential plaintiffs believe that application of Daubert would make it nearly impossible to obtain class certification. For potential defendants, the application of the standard is an important way to ensure that the certification process is fair. This Note examines the incentives underlying the push to apply the Daubert standard at class certification and the benefits and drawbacks associated with that proposal. It proposes a solution that balances the concerns of both plaintiffs and defendants by focusing on three factors: the obstacles to admissibility, the centrality of the evidence to certification, and the likelihood that evidence could evolve to an admissible state after full discovery. This standard could also be applied when admissibility concerns grounded in other provisions of the Federal Rules of Evidence are raised.

Must Theology Always Sit in the Back of the Secular Bus?: The Federal Courts' View of Religion and its Status as Knowledge

2008 ◽  
Vol 24 (2) ◽  
pp. 547-568 ◽  
Author(s):  
Francis J. Beckwith
Keyword(s):  
Professional Competence ◽  
United States Supreme Court ◽  
The United States ◽  
Federal Courts ◽  
Dna Testing ◽  
Daubert Standard ◽  
Capital Murder ◽  
Asking Questions ◽  
Constitutional Right ◽  
Law Degree

Imagine that you are watching a hearing of the U.S. Senate Judiciary Committee on television. Each member of the Committee is asking questions of, and in some cases interrogating, the president's most recent nominee to the United States Supreme Court. She is an accomplished attorney with not only a law degree from an elite institution but also a doctorate in biochemistry and specialization in private practice on issues over which science and law overlap and intersect. For several years she has served on the federal bench on the D.C. circuit and has done so admirably, showing professional competence and jurisprudential insight that has become the envy of her peers, some of whom disagree with her conservative judicial philosophy. Over the years, she has published well-received articles in numerous law reviews and peer-reviewed science publications dealing with issues as wide ranging as the Daubert standard, the reliability of DNA testing in capital murder cases, and whether the Supreme Court's holdings in its reproductive rights cases provide support for a constitutional right to clone oneself.

Imprecision in the Evaluation of Workers’ Compensation Psychological Injury Claims

2017 ◽  
Vol 22 (3) ◽  
pp. 6-13, 16
Author(s):  
Pamela A. Warren
Keyword(s):  
Psychological Injury ◽  
Standards Of Care ◽  
Workers Compensation ◽  
Psychological Conditions ◽  
Daubert Standard ◽  
Professional Treatment ◽  
The Individual ◽  
Current Psychological ◽  
Junk Science ◽  
High Degree

Abstract Psychological conditions with severe symptoms can result in considerable impairment in functioning, and psychological disability claims, also called behavioral health disability, have increased during the past two decades. A review of states’ workers’ compensation (WC) systems shows no overlap between systems; that is, all states and federal WC systems have unique terminology, rules, and laws. In order to thoroughly evaluate the individual, evaluators must use a biopsychosocial approach that combines aspects of biological, psychological, and psychosocial issues. Studies consistently demonstrate a high degree of comorbidity between physical and psychological conditions, but frequently only the former are identified and treated. Current disability systems use byzantine definitions of disability and require professional opinions and documentation that do not comport with current psychological standards of care, introducing imprecision. Many issues relating to WC terminology and laws can be addressed if the Daubert standard is incorporated into any amendment of WC state and federal laws. The Daubert standard requires that currently accepted scientific methods be used when a professional offers testimony as an expert or is submitting professional treatment records (eg, in a WC determination). Compliance with the Daubert standard requires more consistent, objective professional documentation and testimony to ensure even-handed decisions that align with standards of psychological care. One observer has suggested that the Daubert standard is a mechanism by which junk science is kept out of legal proceedings.

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