Showing results 1-5 of 5.

  US v. Frazier - 11th Circuit

Decided: 10/15/2004
District Court Decision: Excluded In Part, Admitted
Appellate Court Decision: Affirmed

In Daubert, the Supreme Court suggested that a trial court assessing the reliability of proposed scientific testimony might consider, among others, the following factors: (1) whether the theory or technique underpinning the expert's opinion "can be (or has been) tested"; (2) whether the theory or technique "has been subjected to peer review and publication"; (3) whether, with respect to particular theory or technique, there is a high "known or potential rate of error," and whether there are "standards controlling the technique's operation"; and (4) whether the theory or technique enjoys "general acceptance" within the "relevant scientific community." ... In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the Supreme Court "assign[ed] to the trial judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand."

Cited 419 times
Heuristics Applied sciences Rape Retailing Secondary sexual characteristics 

  GM Enterprises, Inc. v. Town of St. Joseph, Wis. - 7th Circuit

Decided: 11/25/2003
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Plaintiff submitted some evidence that might arguably undermine the Town's inference of the correlation of adult entertainment and adverse secondary effects, including a study that questions the methodology employed in the numerous studies relied upon by the Board; evidence of an increase of property values near the Club; and evidence that the majority of police calls in regards to the Club originated during periods of time when no semi-nude dancing occurred. ... The complaint alleged that the Board did not rely on adequate evidence to demonstrate the necessity of the ordinances to combat adverse secondary effects; that the ordinances prohibit more expression than is necessary to combat any adverse secondary effects that might be caused by adult entertainment; and further that Ordinance No.2001-03 expressly conditions the grant of a liquor license, a government benefit, on the surrender of the constitutional right to freedom of expression.

Cited 8 times
Breast anatomy Zoning Erotic dance Urban studies and planning Secondary sexual characteristics 

  US v. Katz - 5th Circuit

Decided: 6/14/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The trial court set a Daubert hearing on the motion on March 11, 1997,[2] wherein it was developed that the Tanner Scale of Human Development for females is the recognized scientific test utilized for determining the age of postpubescent Caucasian females and consists of separately rating, on scales of 1 to 5, breast development and pubic hair development, with Stage 1 being pre-adolescent and Stage 5 being adult. ... Given the findings concerning the government's motives, which are not clearly erroneous, the testimony of the government's expert that viewing the excluded "photos" would not have changed his answer to the questions posed at the pretrial hearing, the high potential for prejudice to the defendant and the ruling that the "photos" are inadmissible on alternative grounds, see infra, we hold that the district court did not abuse its discretion in excluding the evidence.

Cited 4 times
Secondary sexual characteristics Graphics file formats Endocrinology Pediatrics Office equipment 

  US v. Frazier - 11th Circuit

Decided: 2/26/2003
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

United States v. Hankey, 203 F.3d 1160, 1169 (9th Cir.2000) (noting, in a case concerning the reliability of expert testimony regarding the behavioral norms of street gangs, that "[t]he Daubert factors ... simply are not applicable to this kind of testimony, whose reliability depends heavily on the knowledge and experience of the expert, rather than the methodology or theory behind it"). ... The Court in Daubert proceeded to describe in general terms the contours of this reliability inquiry, noting the especial pertinence of: (1) whether the expert's theory can be and has been tested; (2) whether the theory has been subjected to peer review and publication; (3) the known or potential rate of error of the particular scientific technique; and (4) whether the technique is generally accepted in the scientific community.

Cited 4 times
Sex crimes Sexual abuse Rape Sexism Penis 

  Foxxxy Ladyz Adult World, Inc. v. Village of Dix - 7th Circuit

Decided: 3/10/2015

Plaintiffs also allege that Dix lacks authority to pass the alcohol restrictions embodied in Ordinance Nos.2010-04 and 2010-06 as a result of the limitations imposed upon municipal regulation of alcohol by the Illinois Liquor Control Act, 235 Ill. Comp. Stat. 5. Dix moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), and the district court granted Dix's motion as to both claims. ... We review de novo a district court's grant of a motion to dismiss for failure to state a claim, Alexander v. McKinney, 692 F.3d 553, 555 (7th Cir. 2012), "constru[ing] the complaint in the light most favorable to the plaintiff, accepting as true all well-pleaded facts alleged, and drawing all possible inferences in [plaintiff's] favor."

Cited 0 times
Erotic dance Sex shops Sex organs Sexual anatomy Breast anatomy