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Michael Hoenig, a member of Herzfeld & Rubin, writes: Do the admissibility rules cited by courts when they accept or reject test evidence make sense today, or do they represent mere relics from a bygone era? Has robust judicial "gatekeeping" of expert testimony for "reliability" under Frye or Daubert admissibility criteria effectively made evidentiary standards such as "sufficient similarity of conditions" or "substantially similar tests" outdated? A new, thoughtful, provocative, well-researched and clearly written article published far away should be required reading for those grappling with test evidence in important cases.
May 12, 2008 at 12:00 AM
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