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The Political Scientist as Expert Witness

Published online by Cambridge University Press:  08 April 2011

Richard L. Engstrom
Affiliation:
Duke University
Michael P. McDonald
Affiliation:
George Mason University

Extract

Political scientists serve in courtrooms as expert witnesses on many topics related to their professional training: elections, same-sex marriages, employer sanctions for hiring undocumented aliens, school desegregation, political asylum requests, property rights, and racial profiling, among many others. It is not by chance that we—the authors—have chosen to testify as experts in cases concerning elections (see also Cain 1999). Election-related cases compose a large percentage of all cases involving political scientists brought to court: a study of references to expert testimony by political scientists in published federal district court decisions from 1950 through 1989 reports that 61% involved election law issues (Leigh 1991). Our replication of this study for the period of 2000 through December 18, 2010, reveals that 74% of such cases (28 of 38) involved election law issues. These cases involved issues of minority vote dilution, redistricting, alternative election systems (cumulative and limited voting), campaign financing, voting equipment and invalid ballots, voter registration, nominating petition requirements, and a number of other issues.

Type
Symposium
Copyright
Copyright © American Political Science Association 2011

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References

Altman, Micah, and McDonald, Michael P.. 2010. “The Promise and Perils of Computers in Redistricting.” Duke Journal of Constitutional Law and Public Policy 5: 69112.Google Scholar
Brady, Henry E., Herron, Michael C., Mebane, Walter R. Jr., Sekhon, Jasjeet Singh, Shotts, Kenneth W., and Wand, Jonathan. 2001. “Law and Data: The Butterfly Ballot Episode.” PS: Political Science and Politics 34 (1): 5969.Google Scholar
Cain, Bruce E. 1999. “Election Law as a Field: A Political Scientist's Perspective.” Loyola of Los Angeles Law Review 34 (2): 1,105–19.Google Scholar
Cameron, Charles, Epstein, David, and O'Halloran, Sharyn. 1996. “Do Majority-Minority Districts Maximize Substantive Black Representation in Congress?American Political Science Review 90 (4): 794812.CrossRefGoogle Scholar
Eaton, David L., and Kalman, David. 1994. “Scientists in the Courtroom: Basic Pointers for the Expert Witness.” Environmental Health Perspectives 102 (8): 668–72.CrossRefGoogle Scholar
Engstrom, Richard L. 1985. “The Reincarnation of the Intent Standard: Federal Judges and At-Large Election Cases.” Howard Law Review 28: 495514.Google Scholar
Engstrom, Richard L. 2005. “Expert Witness Testimony.” In Encyclopedia of Social Measurement, vol. 1, 919–25. ed. Kempf-Leonard, Kimberly. London: Elsevier.CrossRefGoogle Scholar
Engstrom, Richard L., and Widgen, John R.. 1977. “Pruning Thorns from the Thicket: An Empirical Test of the Existence of Racial Gerrymandering.” Legislative Studies Quarterly 2 (4): 465–79.CrossRefGoogle Scholar
Gelman, Andrew, and King, Gary. 1994. “A Unified Method of Evaluating Electoral Systems and Redistricting Plans.” American Journal of Political Science 38 (2): 514–54.CrossRefGoogle Scholar
Grofman, Bernard, and King, Gary. 2007. “The Future of Partisan Symmetry as a Judicial Test for Partisan Gerrymandering after LULAC v. Perry.” Election Law Journal 6 (2): 235.CrossRefGoogle Scholar
Horowitz, David Paul. 2005. “The Expert Witness Primer.” New York State Bar Association Journal 77 (2): 1823.Google Scholar
King, Gary. 1997. A Solution to the Ecological Inference Problem: Reconstructing Individual Behavior from Aggregate Data. Princeton, NJ: Princeton University Press.Google Scholar
Kousser, Morgan J. 1985. “Are Expert Witnesses Whores?Public Historian 6: 519.CrossRefGoogle Scholar
La Raja, Ray, and Milkis, Sidney M.. 2004. “For the Plaintiffs: The Honor and Humility of Defending Political Parties in Court.” PS: Political Science and Politics 37 (4): 771–76.Google Scholar
Lee, Tahirih V. 1988. “Court-Appointed Experts and Judicial Reluctance: A Proposal to Amend Rule 706 of the Federal Rules of Evidence.” Yale Law and Policy Review 6: 480503.Google Scholar
Leigh, Lawrence J. 1991. “Political Scientists as Expert Witnesses.” PS: Political Science and Politics 24 (3): 521–24.Google Scholar
Lublin, David. 1997. The Paradox of Representation: Racial Gerrymandering and Minority Interests in Congress. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Mayer, Kenneth R. 2010. “Is Political Science Relevant? Ask and Expert Witness.” Forum 8 (3): 19.Google Scholar
Mitchell, James K. 1978. “The Expert Witness: A Geographer's Perspective on Environmental Litigation.” Geographical Review 68 (2): 209–14.CrossRefGoogle Scholar
Posner, Richard A. 1999. “The Law and Economics of the Economic Expert Witness.” Journal of Economic Perspectives 13 (2): 9199.CrossRefGoogle Scholar
Prager, Irving, and Marshall, Kevin S.. 2005. “Examination of Prior Expert Qualification and/or Disqualification—(Questionable Questions under the Rules of Evidence).” Review of Litigation 24 (3): 559–80.Google Scholar
Ruse, Michael. 1986. “Commentary: The Academic as Expert Witness.” Science, Technology, & Human Values 11 (2): 6873.CrossRefGoogle Scholar
Van Matre, Joseph G., and Clark, William N.. 1976. “The Statistician as Expert Witness.” American Statistician 30 (1): 25.CrossRefGoogle Scholar
Wuffle, A. 1985. “Expert vs. Expert: Lessons from Badham v. Eu.” PS: Political Science and Politics 18 (3): 576–81.CrossRefGoogle Scholar