Part I of this Article begins by introducing the concept of judicial notice followed by a short background defining the scope of scientific and technical principles. Part II addresses the problems created by the current judicial notice standard. The standard’s text is problematic, and courts’ diverse interpretations of the standard have also created problems. Part III analyzes whether scientific and technical principles merit a different judicial notice standard specifically for them. This Part concludes that the inherent inconsistency of science and technical knowledge with the current standard and the judicial shortcomings in scientific/technical competence justify different legal treatment. Finally, Part IV suggests a solution that would create a new standard for scientific and technical principles. In addition, it creates a new officer of the court, a neutral scientific adviser who would advise judges on scientific and technical judicial notice decisions.
"Judicial Notice and the Law's "Scientific" Search for Truth,"
Akron Law Review: Vol. 40
, Article 2.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol40/iss3/2