What do the courts want from expert testimony, and how do judges assess professed expertise? These questions form the core of this meticulously written and thought-provoking book on the role of expert evidence in courts of law. Rather than presenting a criticism of the abuses of expert testimony (Hagen, 1997), a practical guide to the task of being an expert witness (Brodsky, 2004), or an overv...

In the past, courts have struck down or severely limited attempts by health care providers to use written contracts to reduce their liability for negligence, deeming such agreements to be contrary to public policy.' The basic reason is that courts have not traditionally viewed the relationship of patient and health care provider as a contractual one, freely entered by both parties. Rather, phys...

Within the time span of 1 month in late 2009, three Federal courts in the USA issued decisions touching on the justiciability of nuisance and other common law tort claims relating to climate change. These cases demonstrate that Massachusetts v. EPA (the US Supreme Court Case involving the question of the US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) un...

This article examines how courts are likely to apply evidence-based medicine, and particularly clinical practice guidelines (CPGs), in healthcare litigation involving quality-of-care and entitlement-to-benefits (coverage) claims. Exploring the "politics" of the current situation, it observes that, just as clinicians have been reluctant to use CPGs in practice, courts have been, and likely will ...

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clien...

In recent years, many courts (and especially the federal courts) have become the focus for the pursuit of goals of major institutional reform in cases brought by advocates for prisoners, mental patients, students, and others.2 These advocates turned to the courts because the legislative and executive branches were unwilling to devote larger shares of scarce resources to improving conditions at ...