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
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
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