Daubert in the States: Diffusion of a New Approach to Expert Evidence in Court
33 Pages Posted: 5 Jul 2006
Date Written: January 15, 2007
This paper applies a diffusion analysis to the adoption of Daubert principles by state supreme courts. We examine political, institutional, and legal factors. Applying event history analysis, we find little that systematically accounts for the adoption of Daubert in the states. We do find an unexpected relationship between adoption and the amount of tort reform a state's legislature has passed (adoption of Daubert is less likely in states that have adopted substantial numbers of tort reform measures); we speculate on what might account for this unexpected relationship.
Keywords: diffusion, Daubert, expert evidence, scientific evidence
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