legaltheoryblog.com
Sunstein & Layman on the Flawed Architecture of Expert Evidence
Cass R. Sunstein (Harvard Law School; Harvard Kennedy School) and Jessie Layman have posted On the Flawed Architecture of Expert Evidence on SSRN. Here is the abstract: Courts often rely on expert witnesses to translate technical jargon and draw conclusions from complex evidence. Because of their epistemic disadvantages, factfinders are poorly equipped to evaluate the reliability of expert witness testimony. Instead, judges and juries tend to rely on cognitive shortcuts, deferring to an expert’s credentials, confidence, and delivery.