Citation

Applying Attitudinal Models to Federal Courts of Appeals: Appellate Review of Trial Judges' Decisions to Admit Scientific Expert Testimony

Abstract | Word Stems | Keywords | Association | Citation | Get this Document | Similar Titles




STOP!

You can now view the document associated with this citation by clicking on the "View Document as HTML" link below.

View Document as HTML:
Click here to view the document

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.

Most Common Document Word Stems:

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),

Author's Keywords:

Keywords: courts of appeals, attitudinal model, admissibility, scientific expert testimony, Daubert, trial courts
Convention
All Academic Convention is the premier solution for your association's abstract management solutions needs.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

Association:
Name: American Political Science Association
URL:
http://www.apsanet.org


Citation:
URL: http://www.allacademic.com/meta/p65961_index.html
Direct Link:
HTML Code:

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.

Get this Document:

Find this citation or document at one or all of these locations below. The links below may have the citation or the entire document for free or you may purchase access to the document. Clicking on these links will change the site you're on and empty your shopping cart.

Abstract Only All Academic Inc.
Associated Document Available American Political Science Association
Associated Document Available Political Research Online

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


 
All Academic, Inc. is your premier source for research and conference management. Visit our website, www.allacademic.com, to see how we can help you today.