In Daubert v. Merrell Dow Pharmaceuticals (1993), the Supreme Court ruled that expert testimony is only admissible in court if it passes a strict reliability test, and assigned the role of evidentiary “gatekeepers” to federal trial judges. This standard, later codified as Rule 702, has undoubtedly provided significant protection against the worst abuses of junk science since its inception. But has it created a better overall environment for sound scientific evidence? Are courts misusing the rule to bar legitimate scientific evidence? Do judges administer Daubert standards effectively? Are there lingering problems caused by experts being chosen and paid by the parties to the case? What are the future opportunities for reforming the use of scientific expert testimony in adversarial litigation? In his new article “Expert Witnesses, Adversarial Bias, and the (Partial) Failure of the Daubert Revolution,” George Mason University School of Law professor David E. Bernstein addresses these questions and suggests that increased use of court-appointed experts would represent a significant improvement.
At this AEI event, Professor Bernstein will present his paper, followed by a panel discussion with Edward K. Cheng of Brooklyn Law School; defense attorney Joe G. Hollingsworth of Spriggs & Hollingsworth; Deborah Runkle of the American Association for the Advancement of Science; and epidemiologist David Michaels of George Washington University, who directs the Project on Scientific Knowledge and Public Policy (SKAPP). Ted Frank, director of AEI’s Liability Project, will moderate.
