Sunday, August 15, 2004

Uses of the "Compare . . . with" Citation Form

We have long believed that the Bluebook's "compare ... with" citation signal is underused. The vast range of its potential application is illustrated on many everyday occasions.

For example, should governments ever act in the absence of perfect information? Compare Iraq with the Data Quality Act.

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.