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Finding The Error In Daubert, Mark G. Haug

mark g haug

This article proposes an alternative criterion to Daubert and its progeny—including the amended FRE 702 of 2000—for the admissibility of expert testimony. Relevant to our proposal is the theoretical and empirical difficulty of Daubert’s factor concerning the known or potential error rate. Lurking within this particular factor, however, is the key to a non-controversial criterion for admissibility that is relatively easy to implement. To support our proposal, we consider the error factor from a scientific viewpoint. Using the Daubert case, and a scientific sampling of cases relying upon Daubert for guidance, we endeavor to show how courts have struggled with …