In this convenient handbook that will fit neatly in your briefcase and in your mind, author David Malone has created a guide to the questions and answers you need on the game-changing Daubert decision and its important progeny, including Joiner and Kumho Tire. When issues arise and need to be dealt with quickly, this new publication from NITA will be the place to start. For objections, for responses, for motions to exclude testimony, and for motions that inform the judge why unusual bases for opinions are or are not permissible, Daubert Rules: Modern Expert Practice under Daubert and Kumho provides persuasive arguments and scientifically logical reasoning. Written in this eighth book of his "Rules" series, David Malone identifies nearly 100 areas that the practitioner concerned with presenting and opposing experts must consider as she readies herself and her team to engage in the "battle of the experts." Among scores of other topics, Malone clarifies the relationship between the expert's report and the adequacy of her methodologies; the difference between qualitative and the quantitative sufficiency of the data used; and the fundamental importance to scientists of the concepts of testability and falsifiability.
[This book] explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals."--
Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts, all in a manner that resolves these issues.
Iraq has dominated headlines in recent years, but its controversial role in international affairs goes back much further. Drawing on unparalleled access to UN insiders, this book is key to understanding one of the most persistent crises in international affairs and the various roles the world's central peace-making forum has played in it"--Publisher description.
Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.
Iraq has dominated international headlines in recent years, but its controversial role in international affairs goes back much further. The key arena for these power politics over Iraq has been the United Nations Security Council. Spanning the last quarter century,The International Struggle over Iraq examines the impact the United Nations Security Council has had on Iraq - and Iraq's impact on the Security Council. The story is a fascinating one. Beginning in 1980, in the crucible of the Iran-Iraq War, the Council found a common voice as a peacemaker after the divisions of the cold war. That peacemaking role was cemented when a UN-mandated force expelled Iraqi forces from Kuwait in 1991, offering a glimpse of a new role for the UN in the 'New World Order'. But unilateralism soon set in, as the Security Council struggled under the weight and bureaucratic demands of its changing identity. The Security Council gradually abandoned its traditional political and military tools for the legal-regulatory approach, but was unable to bridge the gap between those who believed allegations of Iraqi possession of weapons of mass destruction and those who didn't. Growing paralysis led eventually to deadlock in the Council in 2002, with the result that it was sidelined during the 2003 Coalition invasion. This relegation, when combined with the loss of some of its best and brightest in a massive truck bomb in Iraq later that year, precipitated a deep crisis of confidence. The future role of the UN Security Council has now, once again, become uncertain. The paperback edition contains a substantial new preface covering recent developments. Drawing on the author's unparalleled access to UN insiders, this volume offers radical new insights into one of the most persistent crises in international affairs, and the different roles the world's central peace-making forum has played in it.
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.
This book examines Iraq since 2003 and argues that a new democratic Iraq cannot be grounded on destructive politics of victimization, narrow nationalism, sectarian confessionalism, and a consensual, power-sharing political arrangement. This book provides an in-depth analysis from an Iraqi perspective on the political development in Iraq since 2003, thereby filling a gap that currently exists in the discussion of this embattled nation. Within its pages, author David Ghanim scrutinizes the many contradictions of the new experience in Iraq and exposes the myth of a "new democratic Iraq." By providing a unflinching look at the dysfunctional nature of democracy in Iraq, the centrality of violence in Iraqi society and politics, and the deterioration of the rights and treatment of minorities and women in Iraq, Iraq's Dysfunctional Democracy exposes how the New Iraq after the nearly decade-long involvement of the United States is becoming a republic of corruption. Complex issues such as ethnic federalism, ethno-sectarian elections, politics of victimization, deceptive legitimacy, and the effects of de-Ba'athification are covered in detail, serving to illuminate the multilayered obstacles to stabilizing Iraq—a country that serves as the linchpin for the security of the Middle East as well as the rest of the world.
This convenient handbook is a quick and concise guide to the rules for creating persuasive expert reports and the information you’ll need to assure your expert is accepted by the judge and allowed to testify. This guide will show you: who must file an expert report; what the report should include; who writes the report; when to create drafts and whether to retain them; what portions of the preparation activities are discoverable and; when to supplement the initial report. In addition, this handbook guides you in the art of “voir dire-proofing” your expert—and how to attack the credentials of the opposing expert. All in a book designed to fit easily in a briefcase. New to the Third Edition: Combines two previous titles—Expert Report Rules and Daubert Rules—into one convenient handbook Updates the rules and law that has developed since the previous edition Charts to facilitate understanding of rules Professors and students will benefit from: The development of Rule 702 and how we got to where we are today Easily identified passages to get you where you need to be quickly Current case law to help aide in the development of argument for admission
Expert Rules answers the most commonly asked questions about experts: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct, and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? Even though Daubert is almost twenty-five years old, most attorneys are only familiar with its application to the experts they see most—local doctors. Expert Rules provides attorneys with the help they need to confront new fields manned by new or unusual experts. This concise, easy-to-follow guide provides practical and in-depth information on how to deal with an expert—from finding the expert, to helping the expert prepare her report, deposing and defending the expert, conducting expert direct and cross-examination, and helping the expert prepare factual, informative, and persuasive testimony. And this fourth edition contains new rules and strategies for experts, including strategies for preparation, mining the Internet in discovery, using exhibits, highlighting key points on direct, and more effective cross-examinations.
India today looms large globally, where it hardly loomed at all twenty years ago. It is likely to be a key global actor throughout the twenty-first century and could well emerge soon as one of the top five global powers. Does the Elephant Dance? seeks to survey the main features of Indian foreign policy. It identifies elements of Indian history relevant to the topic; examines the role therein of domestic politics and internal and external security challenges, and of domestic and international economic factors; and in successive chapters delves into the specifics of India's policy within its South Asian neighbourhood, and with respect to China, the USA, West Asia (the Middle East), East Asia, Europe and Russia, and multilateral diplomacy. It also touches on Indian ties to Africa and Latin America and the Caribbean. India's "soft power", the role of migration in its policy, and other cross-cutting issues are analyzed, as is the role and approach of several categories of foreign policy actors in India. Substantive conclusions close out the volume, and touch, inter alia, on the absence of an organizing framework for Indian foreign policy.
In this creative handbook for active trial lawyers, David M. Malone, the acclaimed author of The Effective Deposition, and Ryan Malone address common questions and problems associated with the defense of depositions. This book is intended to provide a quick and ready practical reference to issues and answers for busy trial lawyers. In deposition texts and training programs, the role of the defending attorney often is underanalyzed, perhaps because a reasonable, ethical defense of a well-taken deposition is often an outwardly passive role, not inviting much attention. Nevertheless, before an attorney can develop the skill and confidence to be "outwardly passive" while defending a deposition, she must understand her powers and responsibilities, the dangers and cures. This third edition of Effective Deposition Defense Rules presents accessible, practical, and common-sense ways to deal with situations that arise as attorneys and witnesses work their way through the pretrial deposition process. And this new edition includes updated material on the specific issues presented by video-recorded depositions.
Jury Speech Rules shows trial lawyers that persuasive jury opening statements and closing arguments require imagination, story-telling skills, and a thorough knowledge of the legal and ethical rules that govern this important part of trial. Using famous historical cases and many useful examples, the authors demonstrate when things go wrong and when they are done right. Opening statements can present the important facts to the jury from the party's perspective, making the jurors receptive to the story that counsel intends to tell through the witnesses, documents, and visuals; well-constructed and well-delivered openings, which avoid improper argument, make an interesting introduction of the parties and the attorneys. Counsel can keep the other lawyer quiet by presenting an opening that provides no opportunity for interruption with objections. Closing arguments that can present inferences, arguments, and conclusions will help the jurors understand the significance of the facts that have been proven at trial; such arguments can explain the significance of expert testimony; they can point out logical errors in the opponents' stories; and they can win the jurors' by persuading them that the more interesting story—the more natural story, the story that fits their own experiences best—is the truthful story.
The Rule 30(b)(6) organization deposition is the most powerful and efficient discovery tool available in complex litigation. In this handy and practical pocket guide, David Malone will help you get the most out of your chance to talk to--and pin down--organizations.
The medium and long-term outlook for the United Nations Security Council is more uncertain than it has seemed at any time since the end of the Cold War opened up an era of unprecedented optimism over the Council's future role. The question mark is thus the most important item in the title of this paper, which seeks to address the Council's influence over international politics and law in recent years. The text is in two parts. Part one seeks to situate the Council in the post-Cold War political context, moving on to examine the changing approach of the US to multilateralism in general and the UN in particular. It also examines the recent fascination with the notion of "US Empire," and examines how other governments, notably European ones, have reacted to US power within the Council. Part two moves from this consideration of the actors on the Council to examining how they have responded to the new challenges before it.
In this compact and easy-to-use handbook, David Malone and Paul Zwier provide practical advice on every aspect of creating, discovering, using, offering and opposing exhibits in litigation. What are the new self-authenticating rules for email, text and social media evidence Does your expert need some excitement in his presentation? Are you unsure what the judge means when she says, “What’s the foundation for this exhibit under the Original Document Rule, counsel?” Are you worried that your opponent’s graphics—or your own—may be misleading? If your questions have to do with exhibits—from intersection diagrams on the blackboard to computerized re-creations in the courtroom—you can find them in Exhibit Rules.
Expert Report Rules, Second Edition, provides a quick and ready practical reference to issues and approaches for experts and the busy trial lawyers who present them. In this conversational and engaging text, David Malone shares his insights and brings clarity to the many issues surrounding the expert report writing process: who has an obligation to file an expert report (including a discussion of "hybrid" witnesses and the expert's assistants), what should be included in the report, who writes the report, creating and retaining drafts, what portions of the preparation activities are discoverable, supplementing the initial report, Daubert-Kumho Tire issues, relationship between the Expert Report and the Expert Deposition, how the report will be used at trial. Expert Report Rules is designed to help attorneys and experts deal in common-sense way with the situations that arise as they work their way through the pretrial and trial process.
Maritime navigation has rapidly developed since the publication of the last edition of the title with methods of global position fixing for shipping becoming standardized. As in the previous two editions, this edition will provide a sound basis for the understanding of modern navigation systems and brings the student or professional up-to-date with the latest developments in technology and the growing standardization of maritime navigation techniques. Developed with close scrutiny from the US Merchant Marine Academy and the major maritime navigation centres in the UK, out-dated techniques have been replaced by an expanded section on the now standard Navstar GPS systems and the Integrated Nav. In addition, a new chapter on the application of electronic charts will also be included, as well as problems at the end of each chapter with worked solutions.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1994.
Everything pharmacists and pharmacy students need to know about drug information management A Doody's Core Title for 2023! Drug Information: A Guide for Pharmacists provides you with the tools you need to to research, interpret, evaluate, collate, and disseminate drug information in the most effective and efficient manner possible. This trusted resource addresses essential topics such as formulating an effective response and recommendations for information, evaluation of drug literature, the application of statistical analysis in the biomedical sciences, medications and patient safety, investigational drugs, and more. This updated seventh edition also addresses other important issues such as the legal and ethical considerations of providing information, how to respond to requests for information, and how to determine what information should be made available.
Genocide has been called 'a problem from hell' and despite vehement declarations of 'never again' it's a problem that continues to plague the world. From the beginning of history to the most recent massacres in Bosnia, Rwanda, and Darfur, genocide defies resolution. And given today's worldwide access to highly lethal weapons and advanced communications technology facilitating incitement to hate, we can expect to see this problem grow. It is often claimed that genocide occurs without warning, taking both local and global communities by surprise. Yet, as David Hamburg convincingly shows, we have had long-term advance knowledge of most modern genocides dating back to the early 20th century Armenian tragedy in Turkey and before. In this book, Dr. Hamburg applies a groundbreaking new perspective-the medical model of prevention-to the scourge of genocide in the world. Preventing genocide is not only possible, Dr Hamburg contends, but essential given its high cost in lives, human rights, and international security. Here he maps out numerous practical steps to recognise genocidal conflicts early and stem their tides of violence before they become acute. He also outlines several institutions in place and programs underway at the UN, EU, and NATO devoted to preventing future genocides before they erupt. He draws lessons both from missed opportunities and successful experiences and makes many constructive suggestions about strengthening international institutions, governments, and NGOs for this purpose.
Iraq has dominated headlines in contemporary times, but its controversial role in international affairs goes back much further. This book presents an understanding of one of the most persistent crises in international affairs, and the various roles the world's central peace-making forum has played in it.
For twenty-six years running, the market-leading West Federal Taxation Series has helped more than one million users master the ever-changing nature of Federal taxation. The 2004 Edition of West Federal Taxation: Corporations, Parternships, Estates and Trusts. With its comprehensive and accessible coverage, no other text is as effective at helping users master the ever-changing individual tax code and regulations. Because of its adherence to the recommendations of the Accounting Education Change Commission (AECC) and the American Institute of Certified Public Accountants (AICPA)-and because its authors and editors stay on top of trends in both tax law and tax education-- the 2004 Edition is thoroughly up-to-date, current in its thinking, and pedagogically advanced.
The groundbreaking text on critical care emergency medicine – updated with the latest evidence and recommendations A Doody’s Core Title for 2021! Critical Care Emergency Medicine has become the standard reference for all clinicians who wish to understand the overlap between emergency medicine and critical care. Much like the field of emergency medicine itself, this text is a collaborative effort involving emergency physicians as well as clinicians from trauma, critical care, infectious diseases, and pulmonary medicine. Critical Care Emergency Medicine teaches emergency physicians everything they must know and do to better care for critically ill patients in an emergency department or to provide care in an ICU. Enhanced by numerous algorithms that speed decision making and full-color illustrations demonstrating anatomy and technique, this book is an essential practice tool. Incorporating the wisdom of both academic and community emergency medicine experts, Critical Care Emergency Medicine, Second Edition delivers expert coverage of: Airway and Ventilatory Support Pulmonary Disorders Cardiovascular Disorders Gastrointestinal and Renal Disorders Neurologic and Neurosurgical Disorders Hematologic and Endocrine Disorders Infectious Disorders Toxicologic Conditions Ultrasonography in Critical Care Special Considerations (including nutritional support, end-of-life issues, fluid management, and more) If you are looking for an up-to-date, evidence-based text designed to take your critical care to the next level, your search ends here.
Along with five thousand years of continuous history, China is undergoing the most rampant modernization of any country in Asia. In this first edition of its 100th title, Rough Guide gives all-embracing coverage of the country, past and present. Includes side trip information across China's borders to Pakistan, Kazakhstan, Mongolia, Vietnam and Nepal on the trans-Siberian railway. 130 maps and plans.
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