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The Perils of Evidentiary Manipulation
(Virginia Law Review, 9/24/2007)
The use of evidentiary rules to achieve substantive goals strikes me as a Faustian bargain, and, given Bierschbach and Stein's acknowledgedly tentative position, I hope to
dissuade them of the virtues of the practice. My ...
Independent Judicial Research
(Duke Law Journal, 2007)
The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored ...