Essay – Finding the Error in Daubert

Mark Haug and Emily Baird

Volume 62, Issue 3, 737-756

The Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. laid down the standard for admissibility of expert testimony. We believe the best standard is simpler than the one chosen by the Court: The Daubert standard really is about discerning the trustworthiness of expert, and trustworthiness is best determined through an expert’s accounting of the error within his testimony. Lower courts have struggled with the Daubert standard. We offer evidence of the problem and propose a new standard that would capture the essence of Daubert but significantly simplify its application.

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