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- Title
DEFENDING DAUBERT. IT'S TIME TO AMEND FEDERAL RULE OF EVIDENCE 702.
- Authors
BERNSTEIN, DAVID E.; LASKER, ERIC G.
- Abstract
The 2000 amendments to Rule 702 sought to resolve the debate that had emerged in the courts in the 1990s over the proper meaning of Daubert by codifying the rigorous and structured approach to expert admissibility announced in the Daubert trilogy. Fifteen years later, however, the amendments have only partially accomplished this objective. Many courts continue to resist the judiciary's proper gatekeeping role, either by ignoring Rule 702's mandate altogether or by aggressively reinterpreting the Rule's provisions. Informed by this additional history of recalcitrance, the time has come for the Judicial Conference to return to the drafting table and finish the job it began in 2000. Rule 702 should be amended to secure the promise of Daubert and effectively protect future litigants and juries from the powerful and quite misleading impact of unreliable expert testimony.
- Subjects
DAUBERT v. Merrell Dow Pharmaceuticals Inc.; FEDERAL Rules of Evidence (U.S.); LEGAL evidence; LEGISLATIVE amendments; EXPERT evidence; COURT rules; JUDICIAL Conference of the United States; LEGAL evidence reliability; COURTS; ACTIONS &; defenses (Law)
- Publication
William & Mary Law Review, 2015, Vol 57, Issue 1, p1
- ISSN
0043-5589
- Publication type
Article