On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit, Brief of Product Liability Advisory Council, Inc., National Association of Manufacturers, Business Roundtable, and Chemical Manufacturers Association as Amici Curiae in Support of Respondent, William Daubert and Joyce Daubert, Individually and as Guardians Ad Litem for Jason Daubert, and Anita De Young, Individually and as Gaurdian Ad Litem for Eric Schuller v. Merrell Dow Pharmaceuticals, Inc.

The Federal Rules of Evidence exclude expert scientific testimony when it has been developed without regard for accepted scientific methods. This case focuses on expert scientific evidence. Such evidence plays a vital and often dispositive role in modern litigation. For scientific evidence to be helpful to the factfinder it must meet some minimal threshold of reliability. To hold otherwise would be to allow a system of adjudication based more on chance than on reason

Teraphim: a domain-independent framework for constructing blackboard-controlled, blackboard-based expert systems in Prolog

The blackboard architecture, in which a set of independent knowledge sources communicate by means of a global data base known as a blackboard, has been suggested as a generally useful design for knowledge-based systems. Teraphim is a domain-independent frame work for writing blackboard-based expert systems in Prolog. It implements concepts common to a range of previous blackboard architecture programs, such as HEARSAY-III and BB1. Teraphim includes as its basic elements a partitioned blackboard, a simple blackboard-controlled scheduler, a set of general-purpose scheduling heuristics to control the scheduler, a generic knowledge source with the ability to ask the user questions about incomplete data, modifiable methods of reasoning about uncertain data, and a simple explanation facility that traces the origins of terms on the problem blackboard. Trials of the system indicate that it can be used to implement expert systems to solve either synthesis or analysis problems. The blackboard architecture of Teraphim lends itself to experimentation with the kinds of knowledge representation and control knowledge needed to solve problems. Prolog proved to be a convenient language for writing blackboard-based systems

Improving performance of blackboard systems

In this thesis, we deal with blackboard system performance issues. We show that blackboard system performance can be improved using parallel processing strategies and a novel blackboard architecture.We study traditional blackboard architectures using a novel performance frame¬ work. This is a useful tool for directing system optimisation efforts. We present the analysis of four blackboard systems present in the literature.nalysis of four blackboard systems present in the literature. Besides localised optimisation efforts, one of the most promising approaches for improving blackboard system performance is the use of parallel processing techniques. However, traditional blackboard architectures present both data and control contention when implemented in parallel.In this thesis we present a novel blackboard architecture, the Active Blackboard Architecture (ABB). We based ABB on a novel variation of the traditional "Blackboard and Experts" metaphor, called "Blackboard, Experts and Desks". This new metaphor introduces a new element, the desks, used by the experts to perform their work.The ABB architecture is based on an active blackboard, capable of processing on its own, and a decentralised control model. This avoids control contention and bottlenecks. We describe this architecture using the Z specification language, and implemented and evaluated in the EPCC Meiko Computing Surface, a multi-transputer distributed memory parallel machine.The ABB Parallel prototype is an object oriented implementation of the ABB model that overcomes both data and control bottlenecks by having a distributed blackboard and using the ABB control model. Based on a series of experiments, we show that the new architecture allows to achieve much greater effective parallelism in a blackboard system. We also present some ways in which the system can be tailored to specific application needs, improving in this way its overall performance

Neuroscience and Sentencing

This symposium comes at a propitious time for me. I am reviewing the sentences I was obliged to give to hundreds of men—mostly African American men—over the course of a seventeen-year federal judicial career. As I have written elsewhere, I believe that 80 percent of the sentences that I imposedwereunfair,unjust,anddisproportionate. EverythingthatIthought was important—that neuroscientists, for example, have found to be salient in affecting behavior—was irrelevant to the analysis I was supposed to conduct. My goal—for which this symposium plays an important part—is to reevaluate those sentences now under a more rational and humane system, this time at least informed by the insights of science. The question is how to do that: How can neuroscience contribute to the enterprise and what are the pitfalls? This Article represents a few of my preliminary conclusions, but my retrospective analysis is not complete

Securitization and Post-Crisis Financial Regulation

There are few types of securities as internationally traded as those issued in securitization (also spelled securitisation) transactions. The post-financial crisis regulatory responses to securitization in the United States and Europe are, at least in part, political and ad hoc. To achieve a more systematic regulatory framework, this article examines how existing regulation should be supplemented by identifying the market failures that apply distinctively to securitization and analyzing how those market failures could be corrected. Among other things, the article argues that Europe’s regulatory framework for simple, transparent, and standardised (“STS”) securitizations goes a long way towards addressing complexity as a market failure, and that the United States should consider a similar regulatory approach

Periodical Index

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Review

Periodical Index

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Review

Truth and Legitimacy (in Courts)

This Article draws upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as Supreme Court decisions, to develop an articulation of the meaning, role, and importance of truth in courts. It is frequently articulated that trials are a search for truth. But as insiders to the judicial system know, if this is so then it is a meaning of truth that differs what truth means in any other context. And exposing this definitional dissonance in turn exposes that the legitimacy of the courts rests on an eroding foundation as courts increasingly are not doing what the community believes courts are doing

Truth and Legitimacy (in Courts)

This Article draws upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as Supreme Court decisions, to develop an articulation of the meaning, role, and importance of truth in courts. It is frequently articulated that trials are a search for truth. But as insiders to the judicial system know, if this is so then it is a meaning of truth that differs what truth means in any other context. And exposing this definitional dissonance in turn exposes that the legitimacy of the courts rests on an eroding foundation as courts increasingly are not doing what the community believes courts are doing