Doubting Daubert

19 Pages Posted: 19 Aug 2005

Abstract

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court announced that it was liberalizing the rules on admissibility of expert scientific evidence by rejecting a requirement that such evidence be generally accepted in the scientific community. "Daubert" has had just the opposite effect from the one the Court said it intended: it has narrowed rather than enlarged the range of expert evidence admitted by courts, and it has ushered in a whole suit of unscientific legal rulings in the process. Proposals to extend "Daubert" to the administrative setting should be rejected, and the courts should pull back from "Daubert" itself.

Keywords: Daubert, torts, environmental law, administrative law, rules of evidence, expert evidence, scientific method, junk science

JEL Classification: D82, K33, K14

Suggested Citation

Heinzerling, Lisa, Doubting Daubert. Brooklyn Journal of Law and Policy, Forthcoming; Brooklyn Journal of Law and Policy, Forthcoming. Available at SSRN: https://ssrn.com/abstract=784689

Lisa Heinzerling (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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