A Tale of Two Dauberts: Discriminatory Effects of Scientific Reliability Screening

39 Pages Posted: 9 Nov 2018 Last revised: 5 Feb 2019

See all articles by Andrew W. Jurs

Andrew W. Jurs

Drake University Law School

Scott DeVito

Jacksonville University College of Law

Date Written: August 1, 2018

Abstract

Our research demonstrates that when the federal system adopted the stricter standard of Daubert in 1993, there was a disproportionate and negative impact on filings from African-American plaintiffs along with a corresponding rise in filings from white plaintiffs. This research shows that, in response to Daubert, black plaintiffs were less likely to file in federal court, and once they were pushed out of the civil justice system, they remained out.

Keywords: Race, Evidence, Daubert, Quantitative, Empirical

Suggested Citation

Jurs, Andrew W. and DeVito, Scott, A Tale of Two Dauberts: Discriminatory Effects of Scientific Reliability Screening (August 1, 2018). 79 Ohio State Law Journal 1107, Available at SSRN: https://ssrn.com/abstract=3274688

Andrew W. Jurs

Drake University Law School ( email )

2608 Forest Avenue
Des Moines, IA 50311
United States
515-271-2824 (Phone)

Scott DeVito (Contact Author)

Jacksonville University College of Law ( email )

VyStar Tower, 18th Floor
76 South Laura St.
Jacksonville, FL Florida 32202
United States
904 256 8865 (Phone)
32092 (Fax)

HOME PAGE: http://https://www.ju.edu/law/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
96
Abstract Views
627
Rank
492,631
PlumX Metrics