The Admissibility of Differential Diagnosis Testimony to Prove Causation in Toxic Tort Cases: The Interplay of Adjective and Substantive Law

This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility

Science, Law and the Expert Witness

Expert witnessing is a particularly useful place to observe the clash of legal and scientific conventions because it is here that one group of people (scientific experts) who are integrated into one set of conventions are challenged by the expectations of a different set of conventions. Here, Sanders looks at how legal conventions affect the behavior of expert witnesses when they appear in court in both criminal and civil cases. He also reviews differences in scientific and legal conventions as they apply to expert knowledge and discusses two central reasons for these differences: adversarialism and closure

Road Signs and the Goals of Justice

Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabres