[Download] "Appellate Courts and Independent Experts." by Case Western Reserve Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Appellate Courts and Independent Experts.
- Author : Case Western Reserve Law Review
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 288 KB
Description
The federal courts of appeals increasingly hear cases that have scientific or highly technical content. This is particularly true of the Federal Circuit, because of its jurisdiction over patent cases, and of the D.C. Circuit, because of its review of agency rulemakings and adjudications. (1) Many of these complex cases pose a significant challenge for generalist judges, who typically lack scientific or technical expertise. The challenge of understanding such cases has led some prominent observers to call for the use of independent expert witnesses or, alternatively, expert staff members to assist the courts of appeals as needed. Perhaps because the use of court-appointed experts in the federal district courts has not proved controversial, the idea of appointing independent experts to assist appellate courts has resurfaced in a serious fashion. Under this proposal, neutral staff or outside independent experts would advise judges ex parte and their advice would not be reflected in the record, save perhaps in the opinion of the court.
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