Academic literature on the topic 'Expert witness'

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Journal articles on the topic "Expert witness"

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Verheij, Albert J., and Daniël Overgaauw. "Civil Liability of Expert Witnesses in the Netherlands: A Case Note to the UKSC Judgment in Jones v. Kaney." European Review of Private Law 21, Issue 4 (August 1, 2013): 1105–16. http://dx.doi.org/10.54648/erpl2013064.

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Abstract: The central issue of this case note is how the civil liability of expert witnesses is dealt with by Dutch law. According to Dutch law, there is neither immunity for expert witnesses nor a statutory limitation to their liability. A distinction is drawn between two types of expert witnesses: expert witnesses that are contracted by one or more of the parties to a conflict and expert witnesses that are appointed by court. The distinction between the party expert witness and the court-appointed expert witness determines the regime that governs the liability of the expert witness: contract law or tort law, respectively. In determining the liability of the expert witness, one should distinguish between different types of damages. Both a party expert witness and a court-appointed expert witness can limit their liability contractually. In most cases, expert witnesses who are being sued can successfully escape liability by invoking the defence of contributory negligence. There is no evidence that exposure to liability negatively influences the willingness to be appointed or contracted as an expert witness.
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First, Sue. "Expert witness." Nursing Standard 21, no. 52 (September 5, 2007): 26–27. http://dx.doi.org/10.7748/ns.21.52.26.s27.

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Parakh, SC. "Expert witness." Indian Journal of Anaesthesia 55, no. 4 (2011): 421. http://dx.doi.org/10.4103/0019-5049.84839.

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FRANKSEN, OLE IMMANUEL. "EXPERT WITNESS." Cryptologia 9, no. 1 (January 1985): 63–69. http://dx.doi.org/10.1080/0161-118591859771.

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Hoffman, Saul. "EXPERT WITNESS." Plastic and Reconstructive Surgery 108, no. 3 (September 2001): 802. http://dx.doi.org/10.1097/00006534-200109010-00051.

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McKinney, Peter. "EXPERT WITNESS." Plastic and Reconstructive Surgery 108, no. 6 (November 2001): 1840. http://dx.doi.org/10.1097/00006534-200111000-00097.

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Hunt, G. "Expert witness." Computer Bulletin 46, no. 3 (May 1, 2004): 29. http://dx.doi.org/10.1093/combul/46.3.29.

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Hammond, John. "Expert witness." Manufacturing Engineer 71, no. 5 (1992): 24. http://dx.doi.org/10.1049/me:19920088.

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Janulis, Diane M. "Expert Witness." Journal of Neuroscience Nursing 21, no. 3 (June 1989): 195–97. http://dx.doi.org/10.1097/01376517-198906000-00011.

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Du, Mingxiao. "Legal control of expert witness bias." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 69–78. http://dx.doi.org/10.1177/1365712716674798.

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Impartiality of expert witnesses means that such experts operate within scientific principles and legal procedures. By doing so, they assist the trier of fact. There are two aspects to the requirements for the impartiality of expert witnesses: the individual perspective and the industry perspective. Each expert witness must follow individual standards, including avoiding irrelevant information affecting his or her opinions; applying reliable methods; employing reasonable analysis; and providing the findings in comprehensive reports (including a precise description of personal background and expert activity). They must also follow industry standards of forensic science regarding objective technical accessible demands, laboratory management and career management. Biased expert witnesses, however, will damage impartiality and impede the goal of assisting the trier of fact. Based on psychological theories such as dual process theory, authoritarian personality and intergroup threat, this paper classifies expert witness bias into four categories: (1) cognitive bias; (2) bias in the analytic process; (3) bias resulting from the position of the expert witness at trial; and (4) the social bias arising from social pressure or economic pressure. Because bias influences the relevance, credibility and impartiality of experts, steps should be taken to restrict certain categories of bias, which can be and must be controlled. Reflecting the differences between the Anglo-American legal system and the Chinese legal system, in China the bias of expert witnesses should be controlled in terms of actions, occupational management and independence of laboratories.
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Dissertations / Theses on the topic "Expert witness"

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Gumpert, Clara Hellner. "Alleged child sexual abuse : the expert witness and the court /." Stockholm, 2001. http://diss.kib.ki.se/2001/91-628-4685-x/.

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Chan, Wai Sing. "Challenging task for expert witness in the construction dispute process." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454283a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008.
"Master of Arts in arbitration and dispute resolution, research dissertation." Title from PDF t.p. (viewed on June 1, 2009) Includes bibliographical references.
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Forret, Joan Boyce. "An Interface between science and law: What is science for members of New Zealand's Environment Court?" The University of Waikato, 2006. http://hdl.handle.net/10289/2667.

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This study investigates the interface between science and law with reference to models of science described by members of New Zealand's Environment Court. The aim of the research is to identify differences and consistencies between the members of the Court in the way that they articulate their understanding of science and of scientific evidence. This research also aims to locate those individual models of science within a wider philosophical discourse concerning the nature of science. The research adopts a qualitative and interpretive approach that focuses on understanding the detail of contextual interactions arising from interviews with eight Environment Judges and 13 Commissioners. The interview group comprised all of the judges of the Court during the research period (1999 - 2000) and all but one permanent Commissioner. The analysis of interviews show a wide range of views concerning the scope and nature of science. Criteria significant to each individual's model of science have been identified as a series of micro themes. Those micro themes differ between individuals as to the combinations of criteria significant when locating the boundary between science and non-science. The analysis of interviews also identifies three macro themes that describe whether and how individuals differentiate science, technology and expertise. That analysis identifies a group of interviewees, comprising both judges and commissioners, that equates science with expertise without distinction as to any knowledge component or process considerations. The analysis of interview responses adopts a boundary-work approach that identifies how individuals locate the boundary between science and non-science through their articulation of the micro themes significant to their model of science. The study contributes to the discourse concerning the relationship of science and law within modern society. That discourse commonly addresses the appropriate legal framework to assess questions involving scientific expertise and invariably describes the legal process and the role of expert and decision maker within that process. However, that discourse rarely articulates the meaning of the terms science, scientist, or technology, assuming that science is a self-evident concept, its meaning having universal application and acceptance. This research challenges that approach and identifies wide differences in the models of science held by individual decision makers and differences in their expectations of evidence from expert witnesses. Aside from the implications of the research results for the discourse concerning the relationship of science and law, this research also has practical implications for the evaluation of expert scientific evidence within an adversarial system of law, and for expert evidence before the Environment Court. Suggestions to improve communication both within the Court and between the Court and parties appearing before it are made with a view to identifying consistent and fair expectations of experts and their evidence.
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Frederiksen, Soren David. "The mediating discourses of the expert witness, science, fingerprinting, and the law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ57658.pdf.

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Frederiksen, Soren David Carleton University Dissertation Law. "The mediating discourses of the expert witness; science, fingerprinting, and the law." Ottawa, 2000.

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Malatji, Hlamalane Queen. "The social worker, as an expert witness in sexual offences committed against children / by Malatji Hlamalane Queen." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9673.

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Sexual offence against children is a complex issue and a major problem in South Africa. Trained and skilled social workers as expert witnesses are needed to help the courts deal with this problem in our courts. A specialised knowledge in the field of forensic expert witnessing in sexual offence cases is a must. Since a University degree in Social Work does not adequately prepare social workers to be effective expert witnesses the Social Work Profession receives much criticism in this regard. Probation Officers, Forensic Social Workers from SAPS and Forensic Social workers in private practice were included in the study in an attempt to investigate the problem and suggest possible solutions. The problem is a lack of skilled, trained and knowledgeable professionals in certain areas of the spectrum, e.g. sexual abuse in a child’s case.
Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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Wong, Joseph Kin. "The future trend in the use of expert witness in international construction disputes." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324281a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2006.
Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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Armstrong, Matthew Nicholas. "The Effects of Juror Need for Cognition: Perceptions of Trustworthiness in Expert Witness Testimony." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/335.

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The current study looks to examine the possible effects expert witness trustworthiness and testimony quality depending upon participant need for cognition. The study involves 139 participants taken from Amazon's Mechanical Turk and an undergraduate research pool where they were asked to take part in a web-based survey. Participants read a capital sentencing summary and were randomly selected into one of four expert witness conditions that vary in trustworthiness and quality. Participants took the short form Need for Cognition scale and filled out a questionnaire about their perceptions of the expert's trustworthiness and testimony quality. Results indicated a marginal main effect of the trustworthiness condition as well as a marginal three-way interaction. Additionally, significant main effects for the sample and death qualification status of participants were found. Results are discussed in the context of the current study and past research and possible limitations and extensions of the current study are considered.
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Sitthisarn, Siraya. "Semantically-enabled keyword search for expert witness discovery applied to a legal professional network." Thesis, University of Leeds, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588742.

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Legal professionals often need to discover expert witnesses with specialized expertise and experience to give an expert opinion in a legal dispute resolution case. The common practice is that legal professionals use their personal networks and internet searches to discover and verify suitable expert witnesses. In addition they may use online systems such as directory services and social network sites (e.g. LinkedIn). However these systems describe experts using broad categories and shallow vocabularies making it difficult to identify expert witnesses for a specific domain such toy safety dispute cases. Keyword searches in these systems are usually based on conventional data models or unstructured text files. This means that although the search results have high recall, but low precision. This resulted in many irrelevant expert witnesses being identified. This thesis reports on the potential of using semantic web technology and social networking to better support expert witness discovery and improve the precision of the keyword search. The case study used in this research was from the toy safety disputes domain. The research was primarily advised by a barrister with good knowledge of this area of law. This thesis reports on a novel "semantically-enabled keyword search for expert witness discovery" that has been developed. A semantically enriched expert witness information knowledge base has been built to enhance the expert witness profile for use within the social network. The semantic data model enabled the information about expert witnesses to be stored and retrieved with higher precision and recall. Unfortunately formal semantic query languages (such as SPARQL) used to search the knowledge base require the user to understand the ontology and master the syntax. For this reason, a prototype "Semantic and Keyword interface engine" (SKengine) was developed. The SKengine automatically generates and selects a set of SPARQL queries derived from the user-input keywords. It then extracts the possible meanings of the keywords from the domain specific knowledge base, then generates and selects the SP ARQL query that best fitted the keywords entered by the user. Finally the generated SPARQL query is executed to retrieve the selected expert witness information from the knowledge base. The result of the semantic query is then returned to the user. To generate the SPARQL query the SKengine used a novel "fix-root query graph construction" algorithm. This was demonstrated to be sufficient for the discovery of expert witnesses. The algorithm avoids generating query trees with irrelevant roots that are not involved with expert witness discovery. The experimental results showed that the prototype has significantly improved the precision and relevance of the query results. In addition, evaluation was conducted to understand time performance of SKengine.
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Schwartz, Shari. "Judging Psychology Experts: Can Judges and Attorneys Distinguish Between Clinical and Experimental Psychologists?" FIU Digital Commons, 2012. http://digitalcommons.fiu.edu/etd/685.

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A trial judge serves as gatekeeper in the courtroom to ensure that only reliable expert witness testimony is presented to the jury. Nevertheless, research shows that while judges take seriously their gatekeeper status, legal professionals in general are unable to identify well conducted research and are unable to define falsifiability, error rates, peer review status, and scientific validity (Gatkowski et al., 2001; Kovera & McAuliff, 2000). However, the abilities to identify quality scientific research and define scientific concepts are critical to preventing “junk” science from entering courtrooms. Research thus far has neglected to address that before selecting expert witnesses, judges and attorneys must first evaluate experts’ CVs rather than their scientific testimony to determine whether legal standards of admissibility have been met. The quality of expert testimony, therefore, largely depends on the ability to evaluate properly experts’ credentials. Theoretical models of decision making suggest that ability/knowledge and motivation are required to process information systematically. Legal professionals (judges and attorneys) were expected to process CVs heuristically when rendering expert witness decisions due to a lack of training in areas of psychology expertise. Legal professionals’ (N = 150) and undergraduate students’ (N = 468) expert witness decisions were examined and compared. Participants were presented with one of two versions of a criminal case calling for the testimony of either a clinical psychology expert or an experimental legal psychology expert. Participants then read one of eight curricula vitae that varied area of expertise (clinical vs. legal psychology), previous expert witness experience (previous experience vs. no previous experience), and scholarly publication record (30 publications vs. no publications) before deciding whether the expert was qualified to testify in the case. Follow-up measures assessed participants’ decision making processes. Legal professionals were not better than college students at rendering quality psychology expert witness admissibility decisions yet they were significantly more confident in their decisions. Legal professionals rated themselves significantly higher than students in ability, knowledge, and motivation to choose an appropriate psychology expert although their expert witness decisions were equally inadequate. Findings suggest that participants relied on heuristics, such as previous expert witness experience, to render decisions.
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Books on the topic "Expert witness"

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Expert witness. Norfolk, Va: Creative Media Productions, 1998.

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Hall, Jean Graham. The expert witness. 2nd ed. Chichester: Barry Rose Law Publishers, 1997.

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Danner, Douglas. Expert witness checklists. 3rd ed. Eagan, MN (610 Opperman Dr., Eagan, 55123): West Group, 1999.

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Dines, Jess E. Expert witness manual. Irvine, Calif: Pantex International, 2004.

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D, Smith Gordon, ed. The expert witness. Chichester: Barry Rose Law Publishers, 1992.

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Danner, Douglas. Expert witness checklists. 2nd ed. Rochester, N.Y: Lawyers Cooperative Pub., 1993.

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Hall, Jean Graham. The expert witness. 3rd ed. Chichester: Barry Rose Law Publishers, 2001.

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Crawford, Robert J. The expert witness: A manual for experts. [Bloomington, IN]: AuthorHouse, 2001.

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Robertson, Leon S. The expert witness scam. [S.l.]: L.S. Robertson, 2006.

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Robertson, Leon S. The expert witness scam. [S.l.]: L.S. Robertson, 2006.

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Book chapters on the topic "Expert witness"

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Dux, Moira C. "Expert Witness." In Encyclopedia of Clinical Neuropsychology, 1365–66. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-57111-9_976.

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Dux, Moira C. "Expert Witness." In Encyclopedia of Clinical Neuropsychology, 1–2. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-56782-2_976-2.

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Roger, Paul. "Expert Witness." In Bovine Medicine, 55–60. Chichester, UK: John Wiley & Sons, Ltd, 2015. http://dx.doi.org/10.1002/9781118948538.ch6.

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Dux, Moira C. "Expert Witness." In Encyclopedia of Clinical Neuropsychology, 999–1000. New York, NY: Springer New York, 2011. http://dx.doi.org/10.1007/978-0-387-79948-3_976.

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Fadden, Lorna, and Lawrence M. Solan. "Expert Witness Communication." In Communication in Investigative and Legal Contexts, 209–28. Chichester, UK: John Wiley & Sons, Ltd, 2015. http://dx.doi.org/10.1002/9781118769133.ch10.

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Davis, Gregory G. "Expert Witness Testimony." In Pathology and Law, 131–48. New York, NY: Springer New York, 2004. http://dx.doi.org/10.1007/978-0-387-21818-2_5.

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Finkelman, Jay M., and Linda Gomberg. "Expert witness testimony." In Forensic organizational consulting: The role of psychologists in litigation support., 19–36. Washington: American Psychological Association, 2022. http://dx.doi.org/10.1037/0000295-002.

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Svider, Peter F. "Expert Witness Testimony." In Litigation in Otolaryngology, 179–84. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-64418-5_19.

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Achilleos, Orthodoxos, and Antonia Malli. "Expert Witness Report." In Pediatric Surgery Digest, 123–33. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-80411-4_9.

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Eth, Spencer. "The Psychiatric Expert Witness." In Recollections of Trauma, 511–15. Boston, MA: Springer US, 1997. http://dx.doi.org/10.1007/978-1-4757-2672-5_33.

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Conference papers on the topic "Expert witness"

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Gumpertz, Werner H. "The Engineer As Expert Witness." In Third Forensic Engineering Congress. Reston, VA: American Society of Civil Engineers, 2003. http://dx.doi.org/10.1061/40692(241)46.

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Clark Davenport, G., and Miles Madorin. "The Scientist As An Expert Witness." In 9th EEGS Symposium on the Application of Geophysics to Engineering and Environmental Problems. European Association of Geoscientists & Engineers, 1996. http://dx.doi.org/10.3997/2214-4609-pdb.205.1996_055.

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Davenport, G. Clark, and Miles Madorin. "The Scientist as an Expert Witness." In Symposium on the Application of Geophysics to Engineering and Environmental Problems 1996. Environment and Engineering Geophysical Society, 1996. http://dx.doi.org/10.4133/1.2922311.

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Morrill, Robert E. K. "The Technologist As An Expert Witness." In 1984 Cambridge Symposium, edited by Andronicos G. Kantsios. SPIE, 1985. http://dx.doi.org/10.1117/12.946123.

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Roberts, Jr., Charles C. "Infrared Thermography And The Expert Witness." In 1984 Cambridge Symposium, edited by Andronicos G. Kantsios. SPIE, 1985. http://dx.doi.org/10.1117/12.946124.

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Cooke, Roger, and Cor Kraaikamp. "Risk Analysis and Jurisprudence: A Recent Example." In ASME 2000 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2000. http://dx.doi.org/10.1115/imece2000-1024.

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Abstract We discuss a recent incident in which risk analysts appeared as expert witnesses in a civil tort case. The problems which this generated illustrate how the role of expert witness has drifted away from its traditional mooring. Unclarities on both sides of the bench with regard to the difference between subjective and objective probability combined with fallacies of probabilistic reasoning give pause to those who might expect a rapid entry of risk analysis into tort law and jurisprudence.
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Cunin, Solange, Andrew Dempster, Allison Kealy, and Gary Edmond. "GNSS Expert Witness Evidence in Australian Courts." In ION 2019 Pacific PNT Meeting. Institute of Navigation, 2019. http://dx.doi.org/10.33012/2019.16857.

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Sitthisarn, Siraya, Lydia Lau, and Peter M. Dew. "Semantic keyword search for expert witness discovery." In 2011 International Conference on Semantic Technology and Information Retrieval (STAIR). IEEE, 2011. http://dx.doi.org/10.1109/stair.2011.5995759.

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Goodwin, Kenneth A. "How to be an Effective Expert Witness." In World Environmental and Water Resources Congress 2010. Reston, VA: American Society of Civil Engineers, 2010. http://dx.doi.org/10.1061/41114(371)20.

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Peterson, Martin Q., and Jill Peterson Holmquist. "Expert Witness Preparation: Learning New Strategies of Communication." In Second Forensic Engineering Congress. Reston, VA: American Society of Civil Engineers, 2000. http://dx.doi.org/10.1061/40482(280)2.

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Reports on the topic "Expert witness"

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Grossman, Michele, Mark Duckworth, Greg Barton, Vivian Gerrand, Matteo Vergani, Mario Peucker, Hass Dellal, and Jacob Davey. Submission to Parliamentary Joint Committee on Intelligence and Security. Centre for Resilient and Inclusive Societies, February 2021. http://dx.doi.org/10.56311/yszp5128.

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In May 2021, CRIS and AVERT members Professor Michele Grossman, Mark Duckworth, Lydia Khalil, Dr Joshua Roose and Dr Mario Peucker appeared as expert witnesses at the public hearings held in Canberra for the Parliamentary Joint Committee on Intelligence and Security’s Inquiry into Extremist Movements and Radicalism in Australia. Professor Michele Grossman, Mark Duckworth, Professor Greg Barton, Dr Vivian Gerrand, Dr Matteo Vergani, Dr Mario Peucker, Professor Hass Dellal and Jacob Davey
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