Thursday, February 26, 2004

Bernstein & Jackson on Daubert in the State Courts

Along with Jeffrey D. Jackson, of the Kansas Judicial Center, the estimable Professor David E. Bernstein, of George Mason University's School of Law, has authored a very helpful and carefully researched article (forthcoming in Jurimetrics) about the adoption of Daubert in the state courts -- concluding that only a minority of states have embraced the Daubert trilogy in a full-blown way. The article, entitled "The Daubert Trilogy in the States," is available for download at the SSRN site.

posted by pn at 1:31 PM  

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.