ÎÞÂëרÇø

"The Consensus Rule:

A New Approach to Admissibility of Scientific Evidence"

Ìý

Friday, March 18, 2022
9:00 a.m.–1:00 p.m.

Laurence E. Hirsch '71 Classroom (Room 101)
John F. Scarpa Hall
ÎÞÂëרÇø Charles Widger School of Law
299 North Spring Mill Road, ÎÞÂëרÇø, PA 19085

Ìý

Ìý

Edward Cheng, Hess Chair in Law at Vanderbilt University Law School, has initiated a comprehensive proposal for a new federal evidence rule (702A), governing the admissibility of scientific expertise, to replace the Daubert regime (which gave federal judges a gatekeeping role). Building on the substantial body of literature critical of Daubert, the proposed rule would base admissibility decisions on consensus among experts within the relevant scientific communities, rather than relying on judges or jurors.

The 2022ÌýÎÞÂëרÇø Law ReviewÌýNorman J. Shachoy Symposium will focus on—and critically evaluate—Cheng’s proposal, by bringing together leading scholars and judges to discuss whether the proposal is a return to Frye’s "general acceptance" standard, Daubert’s failures, with respect to the crisis in forensic science, the support for the proposal from recent sociological studies, and, in light of the COVID-19 pandemic, the need for consensus scientific expertise in a regulatory context.

This program is approved by the Pennsylvania Continuing Legal Education Board forÌý3 Substantive In-Person CLE credits. Please note registration prior to the event is required.

The annual ÎÞÂëרÇø Law Review Symposium is named for Norman J. Shachoy '58 COE, '61 CWSL who served as Editor-in-Chief, Volume Six of theÌý. The naming was made possible through his generous support, along with that of his son N. James Shachoy '86 CWSL.

Ìý

ÎÞÂëרÇø will continue to monitor local and national public health and safety guidelines. For more information, please see the University's latest COVID-19 guidance.

Ìý

Agenda

*Subject to change

Ìý

9:00 a.m.: Welcome & Introductory Remarks

Catherine J. Lanctot,ÌýProfessor of Law, ÎÞÂëרÇø Charles Widger School of Law
Amanda Harding '22, Editor-in-Chief,ÌýÎÞÂëרÇø Law Review
David S. Caudill, Professor of Law & Arthur M. Goldberg Family Chair, ÎÞÂëרÇø Charles Widger School of Law

Ìý

9:20 a.m.: Introduction to the Consensus Rule

, Hess Chair in Law, Vanderbilt University Law School

Ìý

10:00 a.m.: Break

Ìý

10:15 a.m.: Panel 1 – Interdisciplinary Insights from Studies in Expertise and Experience

, Distinguished Research Professor, School of Social Sciences, Cardiff University
, Professor, School of Social Sciences, Cardiff University
, Research Associate, School of Social Sciences, Cardiff University

Moderated byÌýDavid S. Caudill, Professor of Law & Arthur M. Goldberg Family Chair, ÎÞÂëרÇø Charles Widger School of Law

Ìý

11:15 a.m.: Break

Ìý

11:30 a.m.: Panel 2 – Judicial Responses and Parallels in Regulatory Contexts

, U.S. District Judge for the Southern District of New York
, Former U.S. District Judge for the Southern District of New York and Of Counsel, Stroock
, Richard Dale Endowed Chair in Law, The University of Texas at Austin School of Law

Moderated byÌýMichael Risch,ÌýVice Dean andÌýProfessor of Law, ÎÞÂëרÇø Charles Widger School of Law

Ìý

12:30 p.m.: Response

, Hess Chair in Law, Vanderbilt University Law School

Ìý

12:45 p.m.: Q&A and Concluding Remarks

Moderated by David S. Caudill, Professor of Law & Arthur M. Goldberg Family Chair, ÎÞÂëרÇø Charles Widger School of Law