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What has a decade of Daubert wrought?

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  • Berger, M.A.

Abstract

There have been changes within the judicial system that may be attributable to opinions on the admissibility of expert testimony that began with the Supreme Court's 1993 decision in Daubert v Merrell Dow Pharmaceuticals, Inc. After surveying Daubert and subsequent related Supreme Court opinions, I examine a number of questions. Do the factors courts apply post-Daubert in ruling on the admissibility of expert testimony make scientific sense? Has Daubert had an impact on the willingness of scientists to become expert witnesses? What do we know about Daubert's impact on improving science in the court room? What has been Daubert's effect on access to the courts? Does Daubert further public policy objectives of protecting the public against harm?

Suggested Citation

  • Berger, M.A., 2005. "What has a decade of Daubert wrought?," American Journal of Public Health, American Public Health Association, vol. 95(S1), pages 59-65.
  • Handle: RePEc:aph:ajpbhl:10.2105/ajph.2004.044701_7
    DOI: 10.2105/AJPH.2004.044701
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    Cited by:

    1. Herbert M. Kritzer & Darryn C. Beckstrom, 2007. "Daubert in the States: Diffusion of a New Approach to Expert Evidence in the Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(4), pages 983-1006, December.
    2. Tobias Pfrommer & Timo Goeschl & Alexander Proelss & Martin Carrier & Johannes Lenhard & Henrike Martin & Ulrike Niemeier & Hauke Schmidt, 2019. "Establishing causation in climate litigation: admissibility and reliability," Climatic Change, Springer, vol. 152(1), pages 67-84, January.

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