scholarly journals A Brief History of the Expert Witness

2017 ◽  
Vol 7 (4) ◽  
pp. 516-526 ◽  
Author(s):  
Christopher M. Milroy

Expert witnesses are now an accepted part of criminal and civil trials. The use of expert witnesses and the admissibility of their science has developed over the last 250 years, when the concept of allowing an expert witness to give opinion evidence on the facts of other witnesses was allowed by Lord Mansfield in the case of Folkes v. Chadd in 1782. This paper briefly describes how court procedures have changed over the centuries before opinion evidence was admitted and then traces the history of the expert witness in England, USA, and Canada, examining issues of admissibility and duties of the expert from the 18th century to the 21st century. The paper further describes the change in admissibility with US decisions in Frye and Daubert and how they have affected courts in the UK and Canada. Also described are recent decisions in the UK on duties of experts and immunity from suit.

Author(s):  
Sally Power ◽  
Gareth Rees ◽  
Chris Taylor

Since coming to power in 1997, New Labour has adopted area-based initiatives (ABIs) as a key strategy to combat economic, social and (especially) educational disadvantage. This paper briefly outlines the history of ABIs within the UK and explores the discontinuities and continuities between recent initiatives and their earlier counterparts. It argues that while New Labour's ABIs incorporate distinctive, new characteristics, they are largely based on the same assumptions which underpinned previous ABIs. The limits of these models, and the somewhat patchy track record of ABIs, raise serious questions about their efficacy and the restricted policy repertoire of the UK State.


1970 ◽  
Vol 3 (2) ◽  
pp. 146-155
Author(s):  
Ahmad Syukri

Malay Patani is a majority resident in southern Thailand. They have a long history of the insurgency. The history of the Malay insurgency of Patani lasted since the 18th century. In the early 21st century, the Malay insurgency pattern was likely to strengthen in response to the policies of the Thai regime repressive to insurgency issues and strict assimilation policies that demanded an all-ethnic identity in Thailand is the true ethnic Thai identity. In this literature study, Malay Patani insurgency pattern after revolution 1932 because of the will to restore the rights and integrity of Malayu Patani culture. It is the main reason for the rejection of Malay nationalism Patani by the Thai regime. In the last decade, the concept of Islam as identity has increasingly made it a determination to establish the Malay identity of Patani Islam as the basis of the insurgency movement


1999 ◽  
Vol 5 (1) ◽  
pp. 71-77 ◽  
Author(s):  
Keith J. B. Rix

Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.


Author(s):  
Valérie Saugera

The chapter presents a brief history of the contact of French with English, from 18th-century Anglomania to the global English of the turn of the 21st century, in order to contextualize the singularity of the latest contact period. It then chronicles the changes that commonly occur as donor words become new French words. These changes, illustrated with many borrowed items from the period of virtual contact (1990–2015), can be classified as grammatical shift, semantic shift, stylistic shift, and connotative shift. Beyond demonstrating that an English etymon masks heterogeneous types of French Anglicisms, an up-to-date typology shows how English morphemes are used in novel word-formation devices, such as serial bilingual compounds. The borrowing of phrases plays a marginal yet innovative role in French, including emphasis and punning, and raises the issue of typologies for borrowed/neological phrases.


Author(s):  
Meredith Martin

Prosody refers, most broadly, to versification and pronunciation. Historically, prosody referred to the branch of grammar that contained versification as a subsection, but since the late 19th century literary scholars and poets have interchanged versification and prosody, while linguists use prosody to refer to pronunciation. Since the beginning of the 20th century scholars have also referred to prosody as a “poetics,” or a system of meaning-making, and do not directly engage in analysis of meter but rather use the term prosody to signify any aspect of literary style or figurative language that might contribute to the affective register of verse-form. The philological register of prosody may use versification in order to make a claim about how a verse-form reflects a national, historical, or even ethnic character, a practice that began in earnest during the mid-18th century and persists into the 21st century, though with some critical distance. Because the measure of verse is subjective and historically contingent, debates and discussions about prosody are a constant and tend to repeat. There is no one progress narrative of prosody, writ large, but the progress narrative of poetry within prosodic discourse is one of its main tropes. That is, while there are theories of prosody that posit progression, there is little agreement about the evolution or even naming of prosodic systems. Each history of prosody therefore posits a new theory. Thus, the theory of prosody might always be seen as the proliferation of conflicting theories about prosody, in no way limited to one national language; in fact, theories of prosody from other languages applied to English are much older and more robust than theories of prosody that derive from only English—for instance, measuring English by Latin prosody, or French, or German, and so on. Despite the proliferation of conflicting theories, scholars who work on prosody nevertheless agree broadly that, like the subject of grammar under which prosody was historically a subset, prosody is a set of interrelated features in language that, according to how you measure these features, either appear to adhere to a particular system or do not. Also, scholars agree that, like grammar, prosody as an interpretive system often hovers between the prescriptive and the descriptive. In the conflicts over theories of prosody, adherents to one system attempt to convince adherents to another that theirs is superior, and these debates and conflicts continue unabated in linguistic prosodic criticism. Those who practice literary prosodic criticism in the 21st century tend to adopt a system of verse-measure with little interest in its history, or even with what linguistic prosodic critics might call a sharp disregard for its inaccuracy. Linguistic prosodists—who have made significant advances in the field—are sidelined by the momentum of a literary history that has rendered their ongoing work too specialized for general use. There are also those who believe that prosody—or, rather, specific paralinguistic features of prosody—exists, like grammar, in particular bodies, to be awakened or cultivated by a particular kind of reading or hearing ear or a particular kind of feeling body. Trends in cognitive science have influenced one strain of theorizing about prosody as a form of subconscious knowledge in no way dependent on the cultural formations that may have organized sonic features into recognizable systems. Historical prosodists, those who study the history of thinking about prosodic form but also practice prosodic reading, posit that prosody is culturally contingent and, along with phenomenology, might be better considered as a part of cultural criticism rather than a privileged key to poetic meaning. Finally, where prosodic theory happens is a live question. Whether discourse about prosody (or meta-metrical discourse, as in Gascoigne or the various grammars discussed here) is prosodic theory or whether poets writing in a variety of prosodic forms (whether interpreted by critics or not) posit prosodic theories in their practice is at the heart of what many mischaracterize as a divide between historical prosody and other theories of reading. This divide is artificial, but the fact is that disagreements about what and how prosody means have led to a variety of approaches to the study of prosody in poetry, and despite this disagreement prosody is nevertheless taught in most academic settings as if it has an agreed upon past, present, and future.


2002 ◽  
Vol 20 (4) ◽  
pp. 316-353 ◽  
Author(s):  
Neil Crosby ◽  
John Murdoch ◽  
Anthony Lavers

This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in the UK courts, had found that expert valuation witnesses do not always perform rationally, for example informing courts that valuations can be undertaken within acceptable tolerances of valuation accuracy, while giving expert evidence that differed by more than these tolerances. There was evidence that, while well aware of their overriding duty to the court or tribunal, expert witnesses were frequently producing client‐biased valuations. Such findings provoked questions as to whether standards would be improved by two recently proposed alterations to current practice: either the introduction of a system of compulsory training and accreditation for such witnesses, or a change from the process by which expert valuation evidence is normally presented (one expert witness for each party to a dispute) to the use of a single expert, appointed either by the parties jointly or by the court. A case analysis is performed and conclusions discussed.


Author(s):  
Jamie L. Pietruska

The term “information economy” first came into widespread usage during the 1960s and 1970s to identify a major transformation in the postwar American economy in which manufacturing had been eclipsed by the production and management of information. However, the information economy first identified in the mid-20th century was one of many information economies that have been central to American industrialization, business, and capitalism for over two centuries. The emergence of information economies can be understood in two ways: as a continuous process in which information itself became a commodity, as well as an uneven and contested—not inevitable—process in which economic life became dependent on various forms of information. The production, circulation, and commodification of information has historically been essential to the growth of American capitalism and to creating and perpetuating—and at times resisting—structural racial, gender, and class inequities in American economy and society. Yet information economies, while uneven and contested, also became more bureaucratized, quantified, and commodified from the 18th century to the 21st century. The history of information economies in the United States is also characterized by the importance of systems, networks, and infrastructures that link people, information, capital, commodities, markets, bureaucracies, technologies, ideas, expertise, laws, and ideologies. The materiality of information economies is historically inextricable from production of knowledge about the economy, and the concepts of “information” and “economy” are themselves historical constructs that change over time. The history of information economies is not a teleological story of progress in which increasing bureaucratic rationality, efficiency, predictability, and profit inevitably led to the 21st-century age of Big Data. Nor is it a singular story of a single, coherent, uniform information economy. The creation of multiple information economies—at different scales in different regions—was a contingent, contested, often inequitable process that did not automatically democratize access to objective information.


2008 ◽  
Vol 14 (1) ◽  
pp. 37-41 ◽  
Author(s):  
Keith J. B. Rix

Expert witnesses have recently had a bad press but they have long played an important role in the administration of justice. This article begins by drawing attention to the guidance of the UK Academy of Medical Royal Colleges for medical expert witnesses and then sets out the latest guidance for experts in civil cases.


2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.


2007 ◽  
pp. 73-85 ◽  
Author(s):  
R. Nureev

The article provides a description of T. Veblen’s views, showing his place in the history of economic thought. The author analyzes the context of Veblen’s life and work and considers different aspects of his theoretical legacy. Special attention is paid to the discussion of Veblen’s role in the development of institutional economics. The author describes in detail the main trends in the development of institutionalism after Veblen.


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