Abstract

http://ssrn.com/abstract=2223045
 
 

Footnotes (118)



 


 



The Daubert Revolution and the Birth of Modernity: Managing Scientific Evidence in the Age of Science


David L. Faigman


University of California Hastings College of the Law

February 22, 2013

UC Davis Law Review, Vol. 46, No. 3, 2013
UC Hastings Research Paper No. 19

Abstract:     
Daubert began as a relatively modest political revolution, but in the long-term is likely to be known for the intellectual transformation it imposed on the law. At least, that is the basic premise of this Essay. Daubert and its progeny are best understood as originally intended to give trial courts expanded managerial powers over expert testimony and, thus, the trial process more generally. By employing the scientific sensibilities necessary to effect this social transformation, however, the Court unleashed an intellectual revolution that overturned the “Ancien Régime.” Daubert thus began as a modest attempt to expand district courts’ management of their dockets but ended up bringing scientific enlightenment to the law.

Number of Pages in PDF File: 39

Keywords: Expert Evidence, Daubert

Accepted Paper Series





Download This Paper

Date posted: February 24, 2013 ; Last revised: March 26, 2013

Suggested Citation

Faigman, David L., The Daubert Revolution and the Birth of Modernity: Managing Scientific Evidence in the Age of Science (February 22, 2013). UC Davis Law Review, Vol. 46, No. 3, 2013; UC Hastings Research Paper No. 19. Available at SSRN: http://ssrn.com/abstract=2223045

Contact Information

David L. Faigman (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States

Feedback to SSRN


Paper statistics
Abstract Views: 294
Downloads: 89
Download Rank: 172,285
Footnotes:  118
People who downloaded this paper also downloaded:
1. Group to Individual (G2i) Inference in Scientific Expert Testimony
By David Faigman, John Monahan, ...

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.281 seconds