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This appellate deference to the factors used to assess the different categories of expertise is a possible Achilles heel in an otherwise solidly reasoned opinion If taken literally, it would allow different judges in the same district to apply different factors to similar kinds of expert testimony It might allow the same judge to apply different factors to similar kinds of experts For instance, in one case, forensic document examination might be evaluated harshly because it has yet to be tested adequately, and, in another case in the same district, it might be permitted because it is thought to be reliable based on the practitioner s experience with the subject If trial courts fail to craft consistent guidelines for these cases, parties will engage in forum shopping to obtain judges most sympathetic to their point of view.

Regulated Rivers: Research and Management 3: 345 354 National Research Council 1992 Restoration of Aquatic Ecosystems National Academy Press, Washington, DC Niering, W 1994 Wetland vegetation change: A dynamic process, Wetland Journal 6: 6 15 Nilsson, C, A Ekblad, M Gardfjell, and B Carlberg 1997 Long-term effects of river regulation on river margin vegetation Journal of Applied Ecology 28: 963 987 Petts, G E 1984 Impounded Rivers: Perspectives for Ecological Management John Wiley & Sons, Chichester, U K Petts, G E, and J Lewin 1979 Physical effects of reservoirs on river systems In Man s Impact on the Hydrological Cycle in the United Kingdom, ed by G E Hollis, pp 79 91 Geo Abstracts Ltd, Norwich, U K Petts, G E, A R G Large, M T Greenwood, and M A Bickerton 1992 Floodplain assessment for restoration and conservation: Linking hydrogeomorphol-.

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This sort of inconsistency, in practice, is unlikely to be too great a problem among trial courts District court judges are interested in maintaining some consistency and are likely to look to prevailing practices in their circuits as regards particular forms of expert testimony Moreover, despite the Court s injunction that appellate courts should defer to trial courts about the factors chosen to assess reliability, appellate judges will almost certainly still provide some oversight to maintain consistency In a concurring opinion, for example, Justice Scalia emphasized that [t]hough, as the Court makes clear today, the Daubert factors are not holy writ, in a particular case the failure to apply one or another of them may be unreasonable, and hence an abuse of discretion (p 159) Although some within circuit variation will inevitably occur, the more likely danger is that differences will emerge between circuits.

Brand names are a very important vehicle for providing the customer with assurances regarding quality and consistency of standard, the brand name of Marks and Spencer is a case in point They can also provide assurances as to the suitability of fashion content for the season in question Strong brand names can be very advantageous when establishing overseas markets Young Japanese consumers with very high levels of disposable income are dedicated followers of British fashion Traditional labels such as Burberry have established strong links in Japan, as have designers such as Paul Smith, Mulberry and Vivienne Westwood As shown in Figure 64, companies can employ various strategies as regards the use of brand names, such as: A variety of names can be used with no obvious link, the caveat here being that substantial promotional budgets will be needed to establish each one in the mind of the consumer.

The Supreme Court might yet nd the need to revisit this issue The task for judges after Kumho Tire, therefore, is to select factors that are useful in assessing the evidentiary reliability of the many types of expertise that enters their courtrooms (see Risinger, 2002) Trial courts, of course, do consistently see speci c types of expert testimony, from rearms identi cation experts to clinical medical doctors Given the press of time, they are likely to seek factor-lists or tests, such as the one Daubert offered for traditional scienti c evidence, for the myriad of subsets of cases categorized by category of expert As scientists well know, different empirical questions require different methods of inquiry This is true both between and within subject areas.

[S]ometimes that may come down to the hypersensitive awareness. Maybe now a child in close proximity to an older, usually male, who picks them up or something, may perceive that something that s innocent to be abusive in a way where once when they were left in their more innocent frame of mind they never thought of it as being abuse.

The Arcadia group have Topshop, TopMan, Wallis, Miss Selfridge, Dorothy Perkins, Out t, Evans and Burton as separate brands (Figure 64) Speci c ranges may be given individual brand names; in this way some common link can be emphasized such as range coordination across several garment categories, or ranges that have been designed with a speci c theme or purpose in mind..

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