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