Download or read book Better Science by Litigators Better Management by Courts written by Edward J. Burger (Jr.) and published by . This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Better Science by Litigators Better Management by Courts written by Edward J. Burger (Jr.) and published by . This book was released on 1997 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Magic Wand written by David Stanley Caudill and published by Rowman & Littlefield. This book was released on 2006 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations.
Download or read book ADR and the Courts written by Erika S. Fine and published by Butterworth-Heinemann. This book was released on 2014-05-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.
Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Download or read book What Process is Due written by David M. O'Brien and published by Russell Sage Foundation. This book was released on 1987 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
Download or read book Civil Litigation Management Manual written by and published by . This book was released on 2010 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Individual Justice in Mass Tort Litigation written by Jack B. Weinstein and published by Northwestern University Press. This book was released on 1995 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.
Download or read book Improving the Use of the Best Scientific Information Available Standard in Fisheries Management written by National Research Council and published by National Academies Press. This book was released on 2004-10-03 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Magnuson-Stevens Fisheries Conservation and Management Act (FCMA), managers are required to use the "best scientific information available" in the preparation of federal fishery management plans (National Standard 2 in the FCMA). However, the Act provides no further guidance as to how conformance to this standard should be determined. Because adherence to this standard has often been contentious, Congress has considered adding a definition for what constitutes "best scientific information available" in the reauthorization of the FCMA. This report examines both the current application and the controversy over the standard and concludes that a legislative definition would be too inflexible to accommodate regional differences and future advances in science and technology. Instead, the report recommends that NOAA Fisheries adopt procedural guidelines to ensure that the scientific information used in the development of fishery management plans is relevant and timely and is the product of processes characterized by inclusiveness, transparency and openness, timeliness, and peer review.
Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Download or read book Human and Ecological Risk Assessment written by Dennis J. Paustenbach and published by John Wiley & Sons. This book was released on 2024-04-15 with total page 1319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understand the fundamentals of human risk assessment with this introduction and reference Human risk assessments are a precondition for virtually all industrial action or environmental regulation, all the more essential in a world where chemical and environmental hazards are becoming more abundant. These documents catalog potential environmental, toxicological, ecological, or other harms resulting from a particular hazard, from chemical spills to construction projects to dangerous workplaces. They turn on a number of variables, of which the most significant is the degree of human exposure to the hazardous agent or process. Human and Ecological Risk Assessment combines the virtues of a textbook and reference work to introduce and analyze these vital documents. Beginning with the foundational theory of human health risk assessment, it then supplies case studies and detailed analysis illustrating the practice of producing risk assessment documents. Fully updated and authored by leading authorities in the field, the result is an indispensable work. Readers of the second edition of Human and Ecological Risk Assessment will also find: Over 40 entirely new case studies reflecting the latest in risk assessment practice Detailed discussion of hazards including air emissions, contaminated food and soil, hazardous waste sites, and many more Case studies from multiple countries to reflect diverse international standards Human and Ecological Risk Assessment is ideal for professionals and advanced graduate students in toxicology, industrial hygiene, occupational medicine, environmental science, and all related subjects.
Download or read book Science and Litigation written by Terrence F. Kiely and published by CRC Press. This book was released on 2002-04-29 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question "what is science" has been one of the most vigorously contested legal questions as to what is legally acceptable scientific foundation for the submission of expert opinion in a wide variety of cases, especially in products liability cases. The answer usually lies in the outcomes of past cases as well as objective scientific literature.
Download or read book Galileo s Revenge written by Peter W. Huber and published by Basic Books. This book was released on 1993-03-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scathing indictment of the growing role of junk science in our courtrooms. Peter W. Huber shows how time and again lawyers have used—and the courts have accepted—spurious claims by so-called expert witnesses to win astronomical judgments that have bankrupted companies, driven doctors out of practice, and deprived us all of superior technologies and effective, life-saving therapies.
Download or read book The Third Branch written by and published by . This book was released on 1993 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recent Acquisitions written by Ohio State University. College of Law. Library and published by . This book was released on 1997 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Case Management and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses judicial case management and issues of efficiency in civil litigation. Apart from France, the focus is on the issues in three comparatively small jurisdictions which are often ignored in the international legal debate - Scotland, Belgium, and the Netherlands. In addition, the ALI /Unidroit Principles of Transnational Civil Procedure and the Storme Report are considered. The volume also contains a contribution on the history of case management in Europe from the end of the 19th century. The book shows that effective judicial case management is likely to flourish in an environment where: (1) the rules of civil procedure do not prescribe a uniform procedural framework for each and every case, but differentiate between different types of cases; (2) these rules leave the judge with the necessary discretion to manage individual cases - preferably in close co-operation with the parties - and the caseload as a whole; (3) this discretion is only exercised to promote certain well-defined goals - in particular, efficiency, appropriate speed, and moderate cost; (4) the parties and their lawyers have a duty and the necessary incentives to cooperate; (5) there are adequate sanctions in respect of parties and lawyers who refuse to cooperate; and (6) courts are provided with adequate resources in order to create an environment where judges and highly qualified court staff can manage cases within a organizational framework that meets contemporary needs and standards.
