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Wissler, Saks article published in Virginia journal

April 29, 2013

An article by Roselle Wissler, research director of the Sandra Day O'Connor College of Law’s Lodestar Dispute Resolution Program, and ASU Regents’ Professor Michael Saks, which explains the correspondence between two   prominent legal rules for the admission of scientific expert testimony and two major types of cognitive processing, has been published in the Virginia Journal of Law & Technology. The article was co-authored by Keelah E.G. Williams, a J.D./Ph.D. student at ASU.

The article, “Dual-Processing Models of Admissibility: How Legal Tests for the Admissibility of Scientific Evidence Resemble Cognitive Science’s System 1 and System 2,” discusses how the kind of thinking called for by Frye’s general acceptance test is comparable to System 1 cognition (fast, intuitive), while the Daubert line of cases requires  System 2  (slow,reasoned).

To read the full article, click here.

Wissler conducts empirical research on mediation, arbitration, and other alternative dispute resolution (ADR) processes. Her research and writing address various policy issues relating to ADR and examine the factors that contribute to the use and effectiveness of ADR processes. Her other research interests include alternate compensation systems and decision making concerning liability and damages in civil cases.

Saks’ research focuses on empirical studies of the legal system, especially decision making, the behavior of the litigation system, and the law’s use of science. Saks is the fourth most-cited law-and-social-science scholar in the U.S., and has authored approximately 200 articles and books. Courses he has taught include criminal law, evidence, law and science, property and torts.