Book contents
- Critical Evidence
- Critical Evidence
- Copyright page
- Contents
- About the Editors
- Contributors
- Foreword: An Outsider’s Tribute
- Foreword
- Acknowledgments
- Introduction
- Part IIntroduction to the Field and Its Actors
- Part IIThe Rules
- Section 1Relevance and Prejudice
- Relevance, Reconsidered
- The Relevance and Prejudice of Poverty Evidence
- Toward a Critical Race Theory of Evidence
- Section 2Character Evidence
- Character (Evidence) Assassination
- Disability as a Character Chameleon
- Different Spanks for Different Ranks
- Evidence Without Rules
- Judging Demeanor
- Section 3Credibility
- Law’s Credibility Problem
- Teaching Impeachment
- Section 4Sex Trials
- Real Women, Real Rape
- Unchaste and Incredible
- Feminist Take(s) on Other (Sexual) Bad Acts
- Section 5Hearsay and Confrontation
- The Neglected Origins of the Hearsay Rule in American Slavery
- Examining the American Hearsay Prohibition’s Roots in Slavery
- Hearsay and Confrontation from a Feminist Gaze
- Facially Neutral, Quietly Skewed
- Section 6Experts
- Who Says You’re Disabled? The Role of Medical Evidence in the ADA Definition of Disability
- Beyond the Binary
- Presumed Expertise
- Party-Blind Review
- Unequal Burdens of Proof
- Section 7Privileges
- Underprivileged
- Parent-Child Privilege as Resistance
- Part IIIExpanding Evidence
- Suggested Readings
Party-Blind Review
A Proposal to Reduce Judicial Bias in Expert Evidence Admissibility Rulings
from Part II - The Rules
Published online by Cambridge University Press: 14 October 2026
Book contents
- Critical Evidence
- Critical Evidence
- Copyright page
- Contents
- About the Editors
- Contributors
- Foreword: An Outsider’s Tribute
- Foreword
- Acknowledgments
- Introduction
- Part IIntroduction to the Field and Its Actors
- Part IIThe Rules
- Section 1Relevance and Prejudice
- Relevance, Reconsidered
- The Relevance and Prejudice of Poverty Evidence
- Toward a Critical Race Theory of Evidence
- Section 2Character Evidence
- Character (Evidence) Assassination
- Disability as a Character Chameleon
- Different Spanks for Different Ranks
- Evidence Without Rules
- Judging Demeanor
- Section 3Credibility
- Law’s Credibility Problem
- Teaching Impeachment
- Section 4Sex Trials
- Real Women, Real Rape
- Unchaste and Incredible
- Feminist Take(s) on Other (Sexual) Bad Acts
- Section 5Hearsay and Confrontation
- The Neglected Origins of the Hearsay Rule in American Slavery
- Examining the American Hearsay Prohibition’s Roots in Slavery
- Hearsay and Confrontation from a Feminist Gaze
- Facially Neutral, Quietly Skewed
- Section 6Experts
- Who Says You’re Disabled? The Role of Medical Evidence in the ADA Definition of Disability
- Beyond the Binary
- Presumed Expertise
- Party-Blind Review
- Unequal Burdens of Proof
- Section 7Privileges
- Underprivileged
- Parent-Child Privilege as Resistance
- Part IIIExpanding Evidence
- Suggested Readings
Summary
As readers of this volume will be well aware, Federal Rule of Evidence (FRE) 702 and the Supreme Court’s famous 1993 opinion in Daubert v. Merrell Dow Pharmaceuticals require courts to assess the reliability of expert evidence before admitting it to the jury. Most states impose similar rules. These rules are commonly understood to require courts to perform a gatekeeping function to keep unreliable expert evidence away from the jury.
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- Critical Evidence , pp. 329 - 339Publisher: Cambridge University PressPrint publication year: 2026
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