Thursday, November 06, 2003

Caudill and LaRue on Daubert

Via the Legal Theory Blog, we learn of:

David S. Caudill & Lewis H. LaRue, Why Judges Applying the Daubert Trilogy Need to Know About the Social, Institutional and Rhetorical - and Not Just the Methodological - Aspects of Science, 45 B.C. L. Rev. 1 (2003).

The SSRN abstract can be found here; the article itself, in PDF format, here.

Thought-provoking reading.
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.