Daubert Has “Teeth” (and a Pulse)

The first published case on Wisconsin’s (relatively) new rule on expert opinion testimony has emerged at long last. In 2011 the legislature replaced Wisconsin’s decade’s-old approach with the federal “Daubert rule,” a rule rejected by state appellate courts on several occasions. The old rule left disagreements among experts mostly to the trier of fact, provided the witnesses had suitable specialized knowledge that could assist in fact finding. The current Daubert rule unctuously anoints trial judges as “gatekeepers” responsible for ensuring that only “reliable” expert opinions are put before juries. Many critics, me included, thought the old rule served the same purpose quite well. In State v. Giese, 2014 WI App 92, the court of appeals wisely signals that the new rule is mostly compatible with the older approach. 

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Independence of Voters Yields Surprises in Law School Poll Results

It probably shouldn’t be such a surprise that independent votes would show their independence. But the Marquette Law School Poll results released Wednesday in an “On the Issues with Mike Gousha” session at Eckstein Hall clearly caught people in the room, as well as far beyond the room, by surprise. Independent voters were largely the reason why.

Two weeks ago, the poll put Republican Gov. Scott Walker ahead of Democratic challenger Mary Burke by five percentage points among likely voters. This time, the two were in such a dead heat among likely voters that the exact same number of poll respondents picked Walker and Burke (380 each). That made for a 47%-47% tie, with the scattered responses making up the remainder.

What changed? Among voters who labeled themselves independents, Walker led in the prior Marquette Law School Poll, conducted late September, by 53% to 40%. But in the new poll, conducted from Oct. 9 through 12, Burke was favored by 45% of independents and Walker by 44%. Professor Charles Franklin, director of the Marquette Law School Poll, considered that a significant shift and an indication that there were still voters out there who are persuadable by either candidate – potentially enough to decide the election.

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A Global Survey on the Study of International Law (Part II)

Last month I put up the first in what I anticipate will be a series of posts on the subject of international legal education. I summarized the results of a global survey on the study of international law, reported that a majority of law students around the world must complete at least one course on the subject prior to graduation, and pointed out that the overwhelming tendency for American law schools to offer international law exclusively as an elective is fairly abnormal. In this post, I’ll explain my methodology and elaborate a bit on the data underlying my conclusions.

The methodology was pretty simple: I relied on a collection of official government documents, information available on the websites of university law faculties, and, occasionally, email correspondence with faculty members. Where this evidence established that a curriculum includes a mandatory course that on its face substantially implicates public international law, I coded the corresponding university as requiring international legal training. Inversely, I coded a university as requiring no such training where the evidence demonstrated that courses on public international law are elective or unavailable. Finally, I coded a university as “no data” if it has a law faculty but evidence of its curriculum was inaccessible within the confines of the research methods. For present purposes, the key point is that the numbers only reflect what I could find. This probably amounts to all relevant data for many states. But for others, particularly in the developing world, the data are less complete because not all universities have functioning websites and even those that have them often omit information about their curriculum.

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