Daubert Handbook: The Case, Its Essential Dilemma, and Its Progeny, The
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Authors
Fenner, G. Michael
Issue Date
1996
Volume
29
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|This Article is about Daubert v. Merrell Dow Pharmaceuticals, Inc. It is not about whether Daubert is a good decision or whether it is a bad decision, although, in my view, Daubert is a pretty good decision given the statute the United States Supreme Court had to interpret. This Article is about what Daubert means: what it means inside of itself, what it means in light of the many cases that have interpreted and refined the decision and expanded and contracted it in the nearly three yeas since Daubert was handed down. Part II of this Article briefly discusses Daubert. This section discusses the essential dilemma of Daubert and why so many people immediately misunderstood the decision. The Daubert rule gives two apparently contradictory tests for the admissibility of expert witnesses under Federal Rule of Evidence 702. This section also discusses the essential dilemma of expert evidence in general: today's...
Description
Citation
29 Creighton L. Rev. 939 (1995-1996)
Publisher
Creighton University School of Law