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Applying Attitudinal Models to Federal Courts of Appeals: Appellate Review of Trial Judges' Decisions to Admit Scientific Expert Testimony |
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Abstract:
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This paper builds on earlier research (Buchman 2001) showing that trial judges' ideology has a statistically significant impact on their decisions to admit scientific expert testimony, as part of the gatekeeping responsibilities ascribed to trial courts in by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals (1993). A major factor that gives trial judges substantial leeway in admissibility rulings is the deferential abuse of discretion standard governing appellate review. My earlier research on trial courts and attitudinal models of decision making acted on the assumption that appellate courts do indeed defer to trial judges' decisions regarding admissibility. Without empirically testing this assumption, however, one could not rule out the possibility that trial judges do not actually exercise a high level of discretion in this area, but instead find themselves noticeably constrained by superior courts. |
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court (235), judg (143), trial (125), daubert (91), rule (89), case (82), appel (78), decis (77), expert (70), 1 (69), review (68), 2 (67), v (56), testimoni (56), admiss (45), suprem (44), model (42), appeal (42), 0 (40), scientif (38), discret (37), |
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Keywords: courts of appeals, attitudinal model, admissibility, scientific expert testimony, Daubert, trial courts |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Buchman, Jeremy. "Applying Attitudinal Models to Federal Courts of Appeals: Appellate Review of Trial Judges' Decisions to Admit Scientific Expert Testimony" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p65961_index.html> |
APA Citation:
| Buchman, J. , 2002-08-28 "Applying Attitudinal Models to Federal Courts of Appeals: Appellate Review of Trial Judges' Decisions to Admit Scientific Expert Testimony" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p65961_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: This paper builds on earlier research (Buchman 2001) showing that trial judges' ideology has a statistically significant impact on their decisions to admit scientific expert testimony, as part of the gatekeeping responsibilities ascribed to trial courts in by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals (1993). A major factor that gives trial judges substantial leeway in admissibility rulings is the deferential abuse of discretion standard governing appellate review. My earlier research on trial courts and attitudinal models of decision making acted on the assumption that appellate courts do indeed defer to trial judges' decisions regarding admissibility. Without empirically testing this assumption, however, one could not rule out the possibility that trial judges do not actually exercise a high level of discretion in this area, but instead find themselves noticeably constrained by superior courts. |
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| Document Type: |
.pdf |
| Page count: |
29 |
| Word count: |
9597 |
| Text sample: |
| 1 Applying Attitudinal Models to Federal Courts of Appeals: Appellate Review of Trial Judges' Decisions to Admit Scientific Expert Testimony Jeremy Buchman Long Island University (C.W. Post Campus) Department of Political Science 720 Northern Boulevard Brookville NY 11548 jeremy.buchman@liu.edu (516) 2993023 2 Abstract This paper builds on earlier research (Buchman 2001) showing that trial judges' ideology has a statistically significant impact on their decisions to admit scientific expert testimony as part of the gatekeeping responsibilities ascribed to trial courts |
| Impact on Compliance and Outcomes: Miranda and New York Times in the United States Courts of Appeals.'' Western Political Quarterly 43:297319. Spaeth Harold J. 1995. ``The Attitudinal Model.'' In Contemplating Courts ed. Lee Epstein 296 314. Washington DC: CQ Press. Spaeth Harold J. and Jeffrey A. Segal. 1999. Majority Rule or Minority Will: Adherence to Precedent on the U.S. Supreme Court. New York: Cambridge University Press. Stidham Ronald and Robert A. Carp. 1982. ``Trial Court Response to Supreme Court |
Similar Titles:
The Legal Model and Daubert’s Effect on Trial Judges’ Decisions to Admit Scientific Expert Testimony
The Legal Model and Daubert’s Effect on Trial Judges’ Decisions to Admit Scientific Expert Testimony
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