Sunday, August 06, 2006

National Academies Committee on Daubert

In 2005, an ad hoc committee convened by the National Academies met to discuss various issues involving Daubert, including the problem of causation. Committee members included such luminaries as Prof. Margaret Berger of Brooklyn Law School, Dr. Doug Weed of the National Cancer Institute at NIH, Chief Justice Shirley Abrahamson of the Wisconsin Supreme Court, Dr. Joe Cecil of the Federal Judicial Center, Prof. Joel Cohen of Rockefeller and Columbia Universities, Prof. Steven Goodman of Johns Hopkins, Prof. Sander Greenland of Berkeley, Patrick Malone of Stein, Mitchell & Mezines, Prof. Jennifer Mnookin of MIT, and Prof. Judith Resnik of Yale Law School.

The National Academies Press has now made their report available online. See Discussion of the Committee on Daubert Standards: Summary of Meetings (2006).


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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.