Saturday, October 28, 2006

Allan Kanner on Daubert

Allan Kanner has issued a paper on Daubert, available through the Berkeley Electronic Press. Titled "Daubert and the Disappearing Jury Trial," the paper takes a fairly standard plaintiff-lawyer line. It is sure to please the anti-Daubert faction and to annoy the "reformers."

Update 11/3/06: We've fixed the bad link to the paper.


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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.