Saturday, September 03, 2005

William H. Rehnquist, 1924-2005

The wire services are reporting that Chief Justice Rehnquist died at his home on Saturday evening. He will be remembered for many things. Among the best of them, in our view, is his prescient concurrence in Daubert.

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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.