Asking the Gatekeepers: A National Survey of Judges on Judging Expert Evidence in a Post-Daubert World

Drawing on the responses provided by a survey of state court judges (N = 400), empirical evidence is presented with respect to judges' opinions about the Daubert criteria, their utility as decision-making guidelines, the level to which judges understand their scientific meaning, and how they might apply them when evaluating the admissibility of expert evidence. Proportionate stratified random sampling was used to obtain a representative sample of state court judges. Part I of the survey was a structured telephone interview (response rate of 71%) and in Part II, respondents had an option of completing the survey by telephone or receiving a questionnaire in the mail (response rate of 81%). Survey results demonstrate that judges overwhelmingly support the gatekeeping role as defined by Daubert, irrespective of the admissibility standard followed in their state. However, many of the judges surveyed lacked the scientific literacy seemingly necessitated by Daubert. Judges had the most difficulty operationalizing falsifiability and error rate, with only 5% of the respondents demonstrating a clear understanding of falsifiability and only 4% demonstrating a clear understanding of error rate. Although there was little consensus about the relative importance of the guidelines, judges attributed more weight to general acceptance as an admissibility criterion. Although most judges agreed that a distinction could be made between scientific and technical or otherwise specialized knowledge, the ability to apply the Daubert guidelines appeared to have little bearing on whether specific types of expert evidence were designated as science or nonscience. Moreover, judges' bench philosophy of science seemed to reflect the rhetoric, rather than the substance, of Daubert. Implications of these results for the evolving relationship between science and law and the ongoing debates about Frye, Daubert, Joiner, and Kumho are discussed.     

The effectiveness of an ICWA Court at achieving improved ICWA implementation and outcomes: A pre-post intervention study

This article presents findings from a quasi-experimental study of the St. Louis County (Duluth, Minnesota) ICWA Court examining its effectiveness at achieving improved ICWA implementation and a better case process and outcomes for Indian families. Using a case file review method, cases prior to implementing the ICWA Court were compared to post-ICWA Court cases on demographics, case characteristics, application of ICWA requirements, presence of parties at hearings, achievement of child permanency outcomes, and permanency timeliness. Compared to pre-ICWA Court, this study found several statistically significant improvements in the ICWA Court's handling of cases, including taking less time to confirm the case as an ICWA case, greater appearance of tribal representatives by the Dispositional review hearing stage, more active efforts findings, more placements with relatives at earlier stages of the case, more placement with relative outcomes when reunifications were not possible, and timelier permanency.     

LAW,TRANSLATION, AND VOICE

The channeling of popular struggles through legal cases is central to the strategy of the emerging “rights defense” movement in China, linking grassroots contention with professional mediators who translate grievances into the institutional environment of law. This was the case in an unusual, ultimately unsuccessful campaign in 2005 to remove an elected village chief in Taishi Village in Guangdong, China, by legal means. While the grievances that sparked the campaign were about the unequal distribution of the benefits from village development, the strategy of instituting a recall procedure and the framing of the campaign in terms of democracy and rule of law obscured distinctly gendered issues of poverty and inequality in the village, even though women were among the most visible protesters. This article employs a “sociology of translation” to link framing processes and power dynamics, thus proposing a methodological approach to reconnecting framing with other aspects of movements. In the Taishi case, the translation of the dispute into the language of law had contrary effects: it opened the door to a legitimate, if temporary, public space for the airing of villagers' claims. At the same time, translation legitimized the voices of “experts” who then became de facto leaders in this public space; it also increasingly shifted the action to the internet, to which the villagers apparently had no access. This analysis raises questions about whether such strategies may result in either the formation of durable rights-based identities among grassroots participants or a sense of being connected to a broader social movement.     

A Multi-Level Examination of the Association Between Older Social Models in the School Environment and Overweight and Obesity Among Younger Students

Few studies have examined how school characteristics are associated with obesity. The purpose of this study was to examine the student- and school-level characteristics associated with being overweight and obese among 12,049 students in grades 9 and 10 (junior students) attending 76 secondary schools in Ontario, Canada. The sample was 49.2% female and the average age was 14.7 years. Overall, 15.0% of the sample was considered overweight and 6.3% of the sample was considered obese. Multi-level regression analysis revealed significant between-school random variation for the likelihood of a junior student (grade 9 or 10) being overweight or obese. For each 1% increase in the prevalence of obese senior students (grade 11 and 12) at a school, the odds of a junior student at that school being overweight or obese increased significantly. Important student-level characteristics included physical activity, screen time sedentary behaviour (e.g., watching television), participation in varsity sports and gender. Future research should evaluate if the optimal population level impact for school-based obesity prevention programming might be achieved by targeting the schools that are putting students at the greatest risk.