No Magic Wand The Idealization of Science in Law

by Caudill, David S.; Larue, Lewis H.

• ISBN13: 9780742550230
• ISBN10: 0742550230
• Format: Paperback
• Copyright: 2006-06-29
• Publisher: Rowman & Littlefield Publishers

Summary

Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations.

Author Biography

David S. Caudill is a professor of law and the Arthur M. Goldberg Family Chair in Law at Villanova University School of Law Lewis H. Larue is a professor of law and Class of 1958 Alumni Professor of Law Emeritus at Washington and Lee University School of Law

Table of Contents

Acknowledgments	ix
Foreword	xi
James W. Skillen
Introduction	xiii
What's the Problem?	1	(14)
On Judges Who Are Too Strict	15	(16)
On Judges Who Are Too Gullible	31	(18)
The Idealizations of Legal Scholars	49	(36)
Science Is a Pragmatic Activity	85	(46)
Science Studies for Law	131	(20)
Index	151	(2)
About the Authors	153