Thursday, June 01, 2006

"Managerial Justice in a Post-Daubert World"

Sandra Gavin, a visiting Assistant Professor at Rutgers School of Law, has published an article on the erosion of the adversarial model in favor of a "managerial" style of judicial dispute resolution in the wake of Daubert and the Supreme Court's Celotex trilogy. See Sandra F. Gavin, Managerial Justice in a Post-Daubert World: A Reliability Paradigm, 234 F.R.D. 196 (2006). She urges adoption of a requirement for adversary hearings for Daubert motions with potentially dispositive consequences. For the abstract, and a Westlaw link, wander on over to the Federal Civil Practice Bulletin, which you should probably be reading anyway.

posted by pn at 7:26 AM  

1 Comments:

Anonymous writes ...

That article was as poorly written, disorganized and repetitive as this post. That article was as poorly written, disorganized and repetitive as this post.

2:56 PM  

Post a Comment

<< Home

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.