daubert standard
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2021 ◽  
Vol 10 ◽  
Author(s):  
Eva Ljungkvist ◽  
Benny Thomsen ◽  
Søren Michael Sindbæk ◽  
Jonas Christensen ◽  
Nanna Holm ◽  
...  

During excavations of the Viking-age ring fortress Borgring, Denmark, traces of a devastating fire was uncovered. The National Forensic Services of the Danish Police were invited to participate in a novel collaboration, applying contemporary forensic fire investigation to an archaeological site. This paper presents the results and sets a benchmark for future applications. The investigation leads to a revised reconstruction of the fortress and the development of the fire. The application of fire investigation methods, following the Daubert standard criteria, enhance the documentation and analysis of archaeological sites, while archaeological methods show significant potential at modern fire scenes.


Energies ◽  
2019 ◽  
Vol 12 (13) ◽  
pp. 2598
Author(s):  
Asif Iqbal ◽  
Farhan Mahmood ◽  
Mathias Ekstedt

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.


Author(s):  
А. Котеров ◽  
A. Koterov ◽  
Л. Ушенкова ◽  
L. Ushenkova ◽  
Э. Зубенкова ◽  
...  

Purpose: To summarize data on graduation of the effect size on the base of Hill’s first causality criterion ‘Strength of association’ on relative risk parameters (RR). Material and methods: Survey of published sources: monographs, handbooks, papers, educational material on statistics in various disciplines (including on-line), etc. (128 references; of which about 30 handbooks on epidemiology, carcinogenesis and medical statistics). Results: For the RR value, the collected data summary (1980–2018) implies non-homogeneity in concepts. The most common references are to the Monson scale (two editions of the monograph on the epidemiology of occupational exposures Monson R.R., 1980; 1990). In our opinion, the optimal graduation can be developed on the basis of this scale, and it should include both the range of no effect (RR = 0.9–1.2) and the weak (RR = 1.2–1.5, or 0.7–0.9), moderate (RR = 1.5–3.0, or 0.4–0.7), strong (RR = 3.0–10.0; or 0.1–0.4) and very strong’(RR = 10.0–40.0; or 0.0–0.1) ranges. Examples of epidemiological effects with overwhelming strength of association are presented (RR > 40.0). For the effects of thalidomide, RR reached thousands, for diethylstilbestrol, conditional infinity, and when irradiated in childhood, the frequency of some cancers increased tens and even hundreds of times. The juristic aspects of compensation payment based on RR are briefly reviewed. According to the Daubert rule (Daubert ruling, Daubert standard) on the 1993 precedent in the United States, risks are recognized only at RR > 2.0, when the probability of causality is more than 50 %. Conclusions: To estimate the RR value, one should use the most common and officially established Monson scale, albeit with an expansion in the range of dramatic or overhelming risks. This study can be used as a reference guide on the graduations of effect size on RR (OR) for a wide variety of observed disciplines.


2019 ◽  
pp. 149-171
Author(s):  
Cinan Lesley

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.


2017 ◽  
Vol 22 (3) ◽  
pp. 6-13, 16
Author(s):  
Pamela A. Warren

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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