Chapter

Admissibility, Controversy, and Judicial Metascience

in Truth Machine

Published by University of Chicago Press

Published in print January 2009 | ISBN: 9780226498065
Published online March 2013 | e-ISBN: 9780226498089 | DOI: http://dx.doi.org/10.7208/chicago/9780226498089.003.0004
Admissibility, Controversy, and Judicial Metascience

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This chapter summarizes key U.S. federal legal decisions about the admissibility of expert evidence. It analyzes the Supreme Court cases Daubert v. Merrell Dow Pharmaceuticals, Kumho Tire v. Carmichael, and Frye v. United States. The chapter suggests that the Frye case established a rule for determining the admissibility of expert testimony while the Daubert and Kumho decisions provided trial judges with grounds for restricting the admissibility of scientific evidence in civil cases, thus relieving the burdens imposed on civil defendants in “toxic torts.”

Keywords: federal legal decisions; expert evidence; Merrell Dow Pharmaceuticals; Kumho Tire; Frye; expert testimony; scientific evidence; civil cases; toxic torts

Chapter.  5411 words. 

Subjects: History of Science and Technology

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