New Daubert article: The Failure of the Daubert Revolution

Expert Witnesses, Adversarial Bias, and the (Partial) Failure of the Daubert Revolution
DAVID E. BERNSTEIN George Mason University - School of Law
February 2007George Mason Law & Economics Research Paper No. 07-11


Abstract: This manuscript raises two questions that have been surprisingly missing from the voluminous law review literature on expert evidence since the landmark Daubert decision.

First, what is the underlying rationale for the replacement of the old qualifications-only, let-it-all standard for expert testimony with Daubert/Federal Rule of Evidence 702's requirement that all expert testimony be subject to a stringent reliability test?

Second, once we have identified this rationale, has the "Daubert revolution" succeeded on its own terms?
JEL Classifications: K00, K13

Working Paper Series

Suggested Citation
Bernstein, David E., "Expert Witnesses, Adversarial Bias, and the (Partial) Failure of the Daubert Revolution" (February 2007). George Mason Law & Economics Research Paper No. 07-11 Available at SSRN: http://ssrn.com/abstract=963461