Making Sense of Rules of Privilege under the Structural (Il)Logic of the Federal Rules of Evidence

1992 ◽  
Vol 105 (6) ◽  
pp. 1339
Keyword(s):  
Making Sense ◽  
Rules Of Evidence ◽  
Federal Rules Of Evidence

scholarly journals Whats Wrong With Expert Testimony? What Should Be Done About It?

1992 ◽  
Vol 9 (2) ◽  
Author(s):  
Stephen E. Draper
Keyword(s):  
Expert System ◽  
Expert Testimony ◽  
Critical Examination ◽  
Present System ◽  
Rules Of Evidence ◽  
Federal Rules Of Evidence

The use of expert testimony in American litigation has always been controversial. This paper first presents a synopsis of the complaints against expert testimony. Then the rules for expert testimony established by the Federal Rules of Evidence are presented to provide the foundation for a critical examination of the existing expert system. The paper reviews and scrutinizes a number of proposals to modify the present system as they relate to the Federal Rules. The paper concludes with a recommendation that integrates elements of these proposals with techniques used in European courts of law.

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.

MySpace on the record: The admissibility of social website content under the Federal Rules of Evidence

First Monday ◽  
2006 ◽  
Author(s):  
Stacey Schesser
Keyword(s):  
Web Sites ◽  
Criminal Activity ◽  
Case Law ◽  
Search And Seizure ◽  
Digital Evidence ◽  
Electronic Evidence ◽  
Rules Of Evidence ◽  
Federal Rules Of Evidence ◽  
Website Content ◽  
Digital Search

With the increased reliance on technology in everyday life — including business, recreation, and culture — individuals leave traces of criminal activity on their computers, and now, online. As scholars address the U.S. Fourth Amendment and digital search and seizure issues, questions as to the admissibility of such acquired evidence begin to emerge. This paper explores the issues that both prosecutors and defense counsel face in determining whether digital evidence from Internet-based sources, primarily social networks, should be admitting under the Federal Rules of Evidence. Using an analysis of recent case law involving the admissibility of electronic evidence, the paper concludes with predictions on how these precedents would apply to social network Web sites like MySpace, Craigslist, personal blogs, and eBay.

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