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Constitutional Risks to Equal Protection in the Criminal Justice System
(Harvard Law Review, 2001)
This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
Reenvisioning Law Through the DNA Lens
(NYU Annual Survey of American Law, 2005)
In recent times, no development has transformed the practice of criminal justice as much as DNA evidence. In little over fifteen years, DNA profiling has produced nothing short of a paradigm shift.1 For police and prosecutors, ...
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 ...
Mitochondrial DNA: Emerging Legal Issues
(Journal of Law and Policy, 2005)
This article will briefly survey some of the current and emerging legal issues surrounding mtDNA evidence. Parts I and II discuss basic evidentiary questions, including mtDNA's reliability and admissibility under Daubert7 ...
Should Judges Do Independent Research on Scientific Issues?
(Judicature, 2006)
Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...
Law, Statistics, and the Reference Class Problem
(Columbia Law Review, 2009)
Statistical data are powerful, if not crucial, pieces of evidence in the courtroom. Whether one is trying to demonstrate the rarity of a DNA profile, estimate the value of damaged property, or determine the likelihood that ...
Opinion Specialization
(Judicature, 2008)
In accord with traditions celebrating the generalist judge, the federal judiciary has
consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
The Myth of the Generalist Judge
(Stanford Law Review, 2008-12)
Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal ...
Changing Scientific Evidence
(Minnesota Law Review, 2003)
A number of high-profile toxic tort cases, such as silicone breast implants, have followed a familiar and disturbing path: Early studies suggest a link between a suspected substance and a particular illness. Based on these ...
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 ...