The Draining of Daubert and the Recidivism of Junk Science in Federal and State Courts

 In Articles

There is no more important issue in the law of torts than factual causation. If a defendant is held liable for something it did not do, then the justice system has failed. On the other hand, if a defendant is able to convince a jury that it did not cause an injury for which it was responsible, that is also a miscarriage of justice. Both failures of our justice system are more likely to arise when factual causation is entwined with scientific evidence.

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