4.6 Article

What has a decade of Daubert wrought?

Journal

AMERICAN JOURNAL OF PUBLIC HEALTH
Volume 95, Issue -, Pages S59-S65

Publisher

AMER PUBLIC HEALTH ASSOC INC
DOI: 10.2105/AJPH.2004.044701

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There have been changes within the judicial system that may be attributable to opinions on the admissibility of expert testimony that began with the Supreme Court's 1993 decision in Daubert v Merrell Dow Pharmaceuticals, Inc. After surveying Daubert and subsequent related Supreme Court opinions, I examine a number of questions. Do the factors courts apply post-Daubert in ruling on the admissibility of expert testimony make scientific sense? Has Daubert had an impact on the willingness of scientists to become expert witnesses? What do we know about Dauberts impact on improving science in the court room? What has been Daubert's effect on access to the courts? Does Daubert further public policy objectives of protecting the public against harm?

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