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Category: Issue 4

Anecdotes Versus Data in the Search for Truth About Multidistrict Litigation

Lynn A. Baker, Frederick M. Baron Chair in Law, University of Texas School of Law & Andrew Bradt, Professor of Law; Associate Dean of J.D. Curriculum & Teaching; University of California, Berkeley School of Law

A reply to Elizabeth Chamblee Burch & Margaret S. Williams, Perceptions of Justice in Multidistrict Litigation: Voices from the Crowd, 107 Cornell Law Review 1835 (2022). To read this Comment, please click here: Anecdotes Versus Data in the Search for Truth About Multidistrict Litigation

Jan 2023

Data Versus More Data in Multidistrict Litigation

Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law

A reply to Lynn A. Baker & Andrew Bradt, Anecdotes in the Search for Truth About Multidistrict Litigation, 107 Cornell Law Review Online 249 (2023). To read this Comment, please click here: Data Versus More Data in Multidistrict Litigation

Jan 2023

Article

Rhetoric and the Creation of Hysteria

Ediberto Román, Professor of Law, Florida International University & Ernesto Sagás, Professor of Ethnic Studies, Colorado State University

The anti-immigrant tenor of the debate leading to the need for a wall, the frustrations relating to it, and its resulting political opportunism are not limited to the United States. Throughout the Western Hemisphere and Europe, political leaders are using similar rhetoric of the immigrant “other” in order to rally the base, deflect criticism, and…

Dec 2022

Scientific Evidence: Grand Theories and Basic Methods

Curtis E.A. Karnow, Judge of The California Superior Court (County of San Francisco)

California law requires judges to admit expert scientific testimony without resolving scientific controversies, which are left to juries. But case law does not provide a definition of “science” verses inadmissible pseudoscience. And typically juries are asked to resolve ‘scientific’ controversies based on studies never provided to them. The Essay discusses three common definitions of science,…

Aug 2022