Daubert in the States: Diffusion of a New Approach to Expert Evidence in Court

33 Pages Posted: 5 Jul 2006

See all articles by Herbert M. Kritzer

Herbert M. Kritzer

University of Minnesota Law School

Darryn C. Beckstrom

University of Wisconsin - Madison - Department of Political Science

Date Written: January 15, 2007

Abstract

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

Suggested Citation

Kritzer, Herbert M. and Beckstrom, Darryn C., Daubert in the States: Diffusion of a New Approach to Expert Evidence in Court (January 15, 2007). 1st Annual Conference on Empirical Legal Studies. Available at SSRN: https://ssrn.com/abstract=912780 or http://dx.doi.org/10.2139/ssrn.912780

Herbert M. Kritzer (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Darryn C. Beckstrom

University of Wisconsin - Madison - Department of Political Science ( email )

1050 Bascom Mall
Madison, WI 53706
United States

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