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15 Cardozo L. Rev. 2271 (1993 - 1994)
The Next Step after Daubert: Developing a Similarly Epistemological Approach to Ensuring the Reliability of Nonscientific Expert Testimony

handle is hein.journals/cdozo15 and id is 2297 raw text is: THE NEXT STEP AFTER DAUBER T: DEVELOPING A SIMILARLY EPISTEMOLOGICAL APPROACH TO ENSURING THE RELIABILITY OF NONSCIENTIFIC EXPERT TESTIMONY Edward J. Imwinkelried* INTRODUCTION On June 28, 1993, after much fanfare, the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuti- cals, Inc. I The decision was not only preceded by intense media atten- tion;2 the decision was also immediately followed by a massive-and growing-volume of commentary.3 As is usually true with landmark * Professor of Law, University of California, at Davis; former Chair, Evidence Section, American Association of Law Schools. B.A., 1967, University of San Francisco; J.D., 1969, University of San Francisco. I 113 S. Ct. 2786 (1993). 2 Paul M. Barrett, Top Court Agrees to Clarify Use of Scientific Evidence in Trials, WALL ST. J., Oct. 14, 1992, at B9; Sharon Begley, The Meaning of Junk: What's 'Good'Science? The Supreme Court Tackles the Question, NEWSWEEK, Mar. 22, 1993, at 62; David E. Bernstein, Junk Science in the Courtroom, WALL ST. J., Mar. 24, 1993, at A15; Joan Biskupic, High Court to Review Expert-Witness Standards in Product Case, WASH. POST, Oct. 14, 1992, at AI6; Marcia Coyle, Supreme Court to Examine Scientific Proof, NAT'L L.J., Feb. 1, 1993, at 1; Linda Greenhouse, High Court to Decide Admissibility of Scientific Evidence in U.S. Courts, N.Y. TIMES, Oct. 14, 1992, at Al; 'Junk Science' and Justice: Court Will Decide When Expert Opinions Are Admissible, MISSOULIAN, Oct. 14, 1992, at A3; Tony Mauro, Bendectin Case to Test 'Junk Science,' USA TODAY, Oct. 14, 1992, at 9A. 3 Natalie Angier, Ruling on Scientific Evidence: A Just Burden, N.Y. TIMES, June 30, 1993, at A8; Bert Black & John A. Singer, From Frye to Daubert: A New Test for Scientific Evidence, 1 SHEPARD'S EXPERT & Sci. EVIDENCE Q. 19 (1993); Stephen A. Brunette, Daubert Has Immediate Impact?, 1 SHEPARD'S EXPERT & Sa. EVIDENCE Q. 107 (1993); George W. Conk, Commentary. Daubert v. Merrell Dow, 1 SHEPARD'S EXPERT & SCd. EVIDENCE Q. 55 (1993); James Dam, Supreme Court Allows More Scientific Evidence, LAW. WKLY. USA, July 5, 1993, at 1; Michael D. Green, Relief at the Frying of Frye: Reflections on Daubert v. Merrell Dow Pharmaceuticals, I SHEPARD'S EXPERT & Sc. EVIDENCE Q. 43 (1993); Peter W. Hu- ber, Science on Trial, CHEMISTRY & INDUSTRY, Aug. 2, 1993, at 604; Edward J. Im- winkelried, The Daubert Decision: Frye Is Dead, Long Live the Federal Rules of Evidence, TRIAL, Sept. 1993, at 60; Thomas W. Kirby, Matching Procedure to Policy: An Enhanced Role for Trial Judges and Closer Scrutiny of the Rational Underpinnings of Theoretical Evidence Will Stop Junk Science from Flooding the Courts, THE RECORDER, Aug. 30, 1993, at 6; Thomas W. Kirby, Putting Experts Under Scrutiny, LEGAL TIMES, July 26, 1993, at S38; Barry J. Nace, Reaction to Daubert, 1 SHEPARD'S EXPERT & SCI. EVIDENCE Q. 51 (1993); Richard C. Reuben, Brave New World: A New Supreme Court Ruling on Scientific Evidence May Cause More Problems than it Solves, CAL. LAW., Sept. 1993, at 31; Supreme Court's Frye Ruling Seen as 'Two-Edged'Sword, BNA Crim. Prac. Manual (BNA) No. 15, at 345 (July 21, 1993). 2271

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