Guest Post: Confidence in Intervals and Diffidence in the Courts

This guest post comes to the STLR Blog from CLS Lecturer-in-Law Nathan A. Schachtman. He blogs regularly at http://schachtmanlaw.com/blog/. This post was originally published at that site and is available here. Next year, the Supreme Court’s Daubert decision will turn 20.  The decision, in interpreting Federal Rule of Evidence 702, dramatically changed the landscape of expert witness testimony.  Still, there are many who would turn the clock back to disabling the gatekeeping function.  In past posts, I Continue Reading →

Tracing the Justification for Tracer Testing

This post discusses the use of tracer testing for gasoline station construction in California and argues that, while the regulatory regime is excessive given that its original justification no longer exists, mandating use of tracer testing technology makes sense as long as we are under the current regulatory standards for “product-tight.” As a laborer in the gasoline station construction industry, I found myself at odds with the then-new regulatory regime enacted by California in 2003. Continue Reading →