<p>Well, I'm afraid I do not see much difference between my paraphrasing and what Rosner tried to say. </p>
<p>As far as Rosener being an expert witness, here's a little tidbit of his testimony:</p>
<p>THE COURT: First you better ask him and lay a foundation, because his expertise -- I mean, I let him kind of go on a lot last time, and in fact, I thought about it and thought about it and probably let him go on too much. From now on we're going to answer the questions. And I haven't heard any -- why don't you lay a foundation if he has expertise in that area.
THE COURT: First of all, have you had any training, statistical training or anything of that nature?
THE WITNESS: I don't have any formal statistical training, no. </p>
<p>THE COURT: Is there a paper I can read that you have done on this? Is there anything other than your anecdotal discussions with people?
THE WITNESS: Probably the -- there is a test that we will talk about that I have compiled that, in the context of this testimony, that I just compiled a couple of weeks ago and that's, I think, the only thing.
THE COURT: Just compiled a couple weeks ago?
THE WITNESS: Yes. </p>
<p>MR. KOLBO: Your Honor, if I can just make it clear, we have an objection on foundation. We don't -- we believe this witness hasn't been qualified as an expert on test design and psychometrics and --</p>
<p>THE COURT: I agree with you, and that's what I thought we were getting into. </p>
<p>MS. MASSIE: But he doesn't have to, as an expert, to be qualified as an expert, he doesn't have to have specialized academic training. I think we agree about that.</p>
<p>THE COURT: I absolutely agree, but he has to have more than anecdotal kinds of information if he is going to testify as an expert. Anyhow, let's go. Let me -- we heard, we have heard from experts, so we know what they are, including Dr. Shapiro who testified before, who by training, by every kind of imaginable thing has the expertise to testify in testing areas and statistics and so forth. The only reason I mention it, I'm looking at your exhibits and -- </p>
<p>MS. MASSIE: I think Mr. Rosner's testimony will build on Professor Shapiro's.</p>
<p>THE COURT: It may build on it, but he's got to have some expertise other than the fact that he is a lawyer and he works for a company that gives classes on testing.</p>
<p>THE COURT: Have you done any testing of your own, done anything like that?
THE WITNESS: I have talked to minority students.
THE COURT: My question is, have you done any testing?
THE WITNESS: No. </p>
<p>Nuff said!</p>