A Tale of Two Dauberts: Discriminatory Effects of Scientific Reliability Screening
39 Pages Posted: 9 Nov 2018 Last revised: 5 Feb 2019
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: 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
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.