Attorney argues misapplication of Daubert is killing the jury trial

Allan Kanner of Kanner & Whiteley PLLC, new paper, "Daubert and the Disappearing Jury Trial", argues that Daubert v. Merrell Dow Pharmaceuticals has earned its place as one of the most misinterpreted and misapplied decisions in modern history. He argues that the decision was meant to liberalize the standards for admissions of proof. However in practice the decision has had the opposite effect. The gatekeeper powers given to judges via Daubert, coupled with the internal and external incentives to prevent jury trials, has placed our entire civil justice system at risk.

The paper can be found at:
Working Paper 1851. http://law.bepress.com/expresso/eps/1851