The Scientifically Trained Law Clerk: Legal and Ethical Considerations of Relying on Extra-Record Technical Training or Experience

16 Pages Posted: 4 Jun 2013

See all articles by Timothy Li

Timothy Li

George Washington University - Law School

Date Written: April 27, 2013

Abstract

Technically trained law clerks should be permitted to rely on extralegal scientific principles, but only if those principles are objectively verifiable and not subject to reasonable dispute — a standard that matches Federal Rule of Evidence 201. By contrast, law clerks should not rely on extralegal scientific principles that are not objectively verifiable or beyond reasonable dispute. Technical training is particularly useful for law clerks at the Federal Circuit Court of Appeals because of its focus on patent cases. Technically trained clerks could also be useful at the trial level because the district courts recently began a ten-year Patent Pilot Program.

Keywords: technically trained law clerks, scientific training, Federal Rule of Evidence 201, objectively verifiable scientific facts, legislative facts, adjudicative facts, patent pilot program

Suggested Citation

Li, Timothy, The Scientifically Trained Law Clerk: Legal and Ethical Considerations of Relying on Extra-Record Technical Training or Experience (April 27, 2013). Available at SSRN: https://ssrn.com/abstract=2273314 or http://dx.doi.org/10.2139/ssrn.2273314

Timothy Li (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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