Evidentiary Status Research Articles

The evidentiary status of social science under Daubert: Is it "scientific," "technical," or "other" knowledge?

The evidentiary status of social science under Daubert: Is it "scientific," "technical," or "other" knowledge?

DAMAGE ASSESSMENT RULEMAKING: ISSUES AND ALTERNATIVES*

ABSTRACT Increasingly, observers of the legal framework for the determination of damages due to pollution have concluded that it may be possible to identify some “neutral principles” to guide the damage assessment process. Depending on the anticipated caseload of damage claims, these principles could find expression in the form of guidelines, specific conventional values, or a combination of the two. Adoption of a regional or national focus for such a program is an important threshold determination as well. Whichever course is adopted, numerous grave legal and public policy issues would have to be confronted. Examples of these issues include: the need for preemption of state law; the evidentiary status of these guidelines or values; the procedural rights provided in the rulemaking process; and the assignment of administrative responsibility within the federal government. Federal and state analogs exist and should be examined in depth as part of the damage assessment reform process.