Daubert and the Disappearing Jury Trial
Since being decided by the Supreme Court in 1993, Daubert v. Merrell Dow Pharmaceuticals has earned its place as one of the most misinterpreted and misapplied decisions in modern history. Meant to liberalize the standards for admissions of proof, the decision has had the opposite effect. The gatekeeper powers given to judges via Daubert, coupled with the internal and external incentives to prevent jury trials, has placed our entire civil justice system at risk.
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Date of this Version
Allan Kanner, "Daubert and the Disappearing Jury Trial" (October 26, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1851.