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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Ethics of Expert Evidence

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Edited by: Emma Cunliffe

ISBN13: 9781472450739
To be Published: November 2016
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £195.00

The articles selected for this volume represent the best of the research conducted at the intersection of law, professional ethics and expert evidence. The collection incorporates legal perspectives from a wide range of jurisdictions, peer-reviewed literature drawn from expert disciplines, and critical law and society scholarship. It offers a corrective to the tendency to quarantine discussions of the ethics of expert testimony by jurisdiction, legal field, or area of expertise.

The authors challenge preconceived notions of ethical performance, offer ideas for improvement, document failures to learn from and successes to emulate. The introduction identifies common themes and illuminating differences within the multidisciplinary scholarship on the ethics of expert testimony. It also delineates the multidimensional conceptions of ethics that drive this scholarship. Placing these essays side by side illustrates that the essential elements of ethical performance are now well understood. As ever, lively debates persist and are reflected within the essays selected. Nonetheless, this collection demonstrates that the major question that remains is whether legal systems and expert communities - institutions that sometimes resist change - can find the will to implement what has been learned from decades of careful, multi-disciplinary research.

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Introduction, Emma Cunliffe.

Part I Conceptualizing the Ethics of Expert Evidence: Science, law and the expert witness, Joseph Sanders
The revolution in forensic ethics: narrative, compassion and a robust professionalism, Philip J Candilis
Personal narrative and an African-American perspective on medical ethics, Ezra E.H. Griffith
A comparative study of expert testimony in France and the United States: philosophical underpinnings, history, practice, and procedure, Robert F. Taylor.

Part II Intellectual Basis and Role Comprehension: The cool crucible: forensic science and the frailty of the criminal trial, Gary Edmond and Mehera San Roque
Where the rubber meets the road: thinking about expert evidence as expert testimony, Simon A. Cole
Independence, reliability and expert testimony in criminal trials, Emma Cunliffe
Research subpoenas and the sociology of knowledge, Sheila Jasanoff
(Why) are civil and criminal expert evidence different?, Dierdre Dwyer
Judging the scientific and medical literature: some implications of changes to biomedical research and publication, Gary Edmond
Beyond bad apples: analyzing the role of forensic science in wrongful convictions, William C. Thompson
Practical solutions to cognitive and human factor challenges in forensic science, Itiel E. Dror
Social facticity and the law: a social expert's eyewitness account of law, Mariana Valverde.

Part III Case Studies and Debates: Humanities and Social Sciences: History, memory and the law: the historian as expert witness, Richard J. Evans
Native history on trial: confessions of an expert witness, Arthur J. Ray
The ASA's missed opportunity to promote sound science in court, Gregory Mitchell, John Monahan and Laurens Walker
Siding with science: in defense of ASA's Dukes v Walmart amicus brief, Laura Beth Nielson, Amy Myrick and Jill Weinberg
Medicine: Final report of the inquiry into pediatric forensic pathology, Stephen T. Goudge
Guidelines for the ethical use of neuroimages in medical testimony: report of a multidisciplinary consensus conference, C.C. Meltzer et al.
The price paid: manipulation of otolaryngologists by the tobacco industry to obfuscate the emerging truth that smoking causes cancer, Robert K. Jackler and Hussein A. Samji
Supreme Court judgment on medical interrogation: on the just use of science and the ethics of doctor participation in criminal investigation, Amar Jesani
Psychology: Empirical and ethical problems with custody recommendations: a call for clinical humility and judicial vigilance, Timothy M. Tippins and Jeffrey P. Wittman
The 'syndromization' of women's experience, Isabel Grant
The witness who saw/ he left no doubt: a comparative consideration of expert testimony in mental disability law cases in common and civil law systems, Michael L. Perlin, Astrid Birgden and Kris Gledhill.