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30 Jan 2023, 12:10 am by Paul Caron
Law.com, Columbia Law Professor's 'F--k You' to Student Question Caught on Video: "I am ashamed of my conduct," Professor Daniel Capra said in an email to Law.com on Friday. [read post]
2 Jun 2020, 12:54 am by Schachtman
In reviewing the many judicial dodges that are used to avoid engaging in meaningful Rule 702 gatekeeping, I am mindful of Reporter Daniel Capra’s caveat that the ill-advised locutions used by judges do not necessarily mean that their decisions might not be completely justifiable on a carefully worded and reasoned opinion that showed that Rule 702 and all its subparts were met. [read post]
28 May 2020, 5:29 am by Schachtman
”[15] On a positive note, some courts have recognized that responding with the conclusory assessment of a challenge’s going to weight not admissibility is a delegation of the court’s gatekeeping duty to the jury.[16] In 2018, Professor Daniel Capra, the Reporter to the Rules Committee addressed the “weight not admissibility dodge” at length in his memorandum to the Rules Committee: “Rule 702 clearly states that these are questions of… [read post]
11 May 2020, 1:09 am by Schachtman
”[6] Judge Rakoff’s point is by no means limited to forensic evidence, and it has been acknowledged more generally by Professor Daniel Capra, the Reporter to the Advisory Committee on Evidence Rules: “the key to Daubert is that cross-examination alone is ineffective in revealing nuanced defects in expert opinion testimony and that the trial judge must act as a gatekeeper to ensure that unreliable opinions don’t get to the jury in the first place. [read post]
8 Aug 2018, 10:59 am by Schachtman
The United States Supreme Court’s decision in Daubert is now over 25 years old. [read post]
25 Aug 2016, 7:31 am by Schachtman
The fall 2016 schedule for Cheng’s Excited Utterance podcasts is set out below; and the first one, by Daniel Chapra, is already available at iTunes, and at the Excited Utterance website. [read post]
17 Oct 2015, 5:29 am by Schachtman
Bernstein and Lasker further point out that the Committee’s Report, Professor Dan Capra, acknowledged, shortly after the amendment went into effect, that the Paoli “any step” approach had a “profound impact” on the drafting of amended Rule 702. [read post]
15 Dec 2014, 7:25 am
Last week was the busiest in the IPKat's history, with a total of 29 blogposts. [read post]
20 Jun 2012, 5:00 am by Steve McConnell
Maybe it's a product of some particularly admirable role model or too many Frank Capra movies, but we are viscerally attached to the image of ourselves as being scrupulously honest. [read post]