Annual Villanova Law Review Norman J. Shachoy Symposium, 3/18

"The Consensus Rule:

A New Approach to Admissibility of Scientific Evidence"

Friday, March 18, 2022
9:00 a.m.–1:00 p.m.

Laurence E. Hirsch '71 Classroom (Room 101)
John F. Scarpa Hall
Villanova University Charles Widger School of Law
299 North Spring Mill Road, Villanova, PA 19085

Edward Cheng, Hess Chair in Law at Vanderbilt University Law School, has initiated a comprehensive proposal for a new federal evidence rule (702A), governing the admissibility of scientific expertise, to replace the Daubert regime (which gave federal judges a gatekeeping role). Building on the substantial body of literature critical of Daubert, the proposed rule would base admissibility decisions on consensus among experts within the relevant scientific communities, rather than relying on judges or jurors.

The 2022 Villanova Law Review Norman J. Shachoy Symposium will focus on—and critically evaluate—Cheng’s proposal, by bringing together leading scholars and judges to discuss whether the proposal is a return to Frye’s "general acceptance" standard, Daubert’s failures, with respect to the crisis in forensic science, the support for the proposal from recent sociological studies, and, in light of the COVID-19 pandemic, the need for consensus scientific expertise in a regulatory context.

This program is approved by the Pennsylvania Continuing Legal Education Board for 3 Substantive In-Person CLE credits. Please note registration prior to the event is required.

The annual Villanova Law Review Symposium is named for Norman J. Shachoy '58 COE, '61 CWSL who served as Editor-in-Chief, Volume Six of the Villanova Law Review. The naming was made possible through his generous support, along with that of his son N. James Shachoy '86 CWSL.

Villanova University will continue to monitor local and national public health and safety guidelines. For more information, please see the University's latest COVID-19 guidance.

Agenda

*Subject to change

9:00 a.m.: Welcome & Introductory Remarks

Catherine J. Lanctot, Professor of Law, Villanova University Charles Widger School of Law
Amanda Harding '22, Editor-in-Chief, Villanova Law Review
David S. Caudill, Professor of Law & Arthur M. Goldberg Family Chair, Villanova University Charles Widger School of Law

9:20 a.m.: Introduction to the Consensus Rule

Edward K. Cheng, Hess Chair in Law, Vanderbilt University Law School

10:00 a.m.: Break

10:15 a.m.: Panel 1 – Interdisciplinary Insights from Studies in Expertise and Experience

Harry Collins, Distinguished Research Professor, School of Social Sciences, Cardiff University
Robert Evans, Professor, School of Social Sciences, Cardiff University
Martin Weinel, Research Associate, School of Social Sciences, Cardiff University

Moderated by David S. Caudill, Professor of Law & Arthur M. Goldberg Family Chair, Villanova University Charles Widger School of Law

11:15 a.m.: Break

11:30 a.m.: Panel 2 – Judicial Responses and Parallels in Regulatory Contexts

Hon. Jed S. Rakoff, U.S. District Judge for the Southern District of New York
Hon. Shira A. Scheindlin, Former U.S. District Judge for the Southern District of New York and Of Counsel, Stroock
Wendy E. Wagner, Richard Dale Endowed Chair in Law, The University of Texas at Austin School of Law

Moderated by Michael Risch, Vice Dean and Professor of Law, Villanova University Charles Widger School of Law

12:30 p.m.: Response