Daubert and the Disappearing Jury Trial
49 Pages Posted: 29 Jun 2011
Date Written: 2007
This Article examines the background of expert witness testimony, Daubert, and its companion cases. Next, the Article explores corporate influence in science-and how Daubert has allowed this corporate influence to erode true science. Incentives, some benign and some of sheer bias, were created which allow judges to use Daubert to kill cases. This Article first looks at what the effect has been on the civil justice system and then offers some solutions and practical advice for attorneys facing a daunting Daubert hearing.
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