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Daubert in the States: Diffusion of a New Approach to Expert Evidence in the Courts

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  • Herbert M. Kritzer
  • Darryn C. Beckstrom

Abstract

This article applies a diffusion analysis to the adoption of Daubert principles by state supreme courts. We examine political, institutional, and legal factors. Applying event history analysis, we find little that systematically accounts for the adoption of Daubert in the states. We do find an unexpected relationship between adoption and the amount of tort reform a state's legislature has passed (adoption of Daubert is less likely in states that have adopted substantial numbers of tort reform measures); we speculate on what might account for this unexpected relationship.

Suggested Citation

  • Herbert M. Kritzer & Darryn C. Beckstrom, 2007. "Daubert in the States: Diffusion of a New Approach to Expert Evidence in the Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(4), pages 983-1006, December.
    • Handle: RePEc:wly:empleg:v:4:y:2007:i:4:p:983-1006
    DOI: 10.1111/j.1740-1461.2007.00112.x
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    References listed on IDEAS

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    1. Neufeld, P.J., 2005. "The (near) irrelevance of Daubert to criminal justice and some suggestions for reform," American Journal of Public Health, American Public Health Association, vol. 95(S1), pages 107-113.
    2. James M. Lutz, 0. "Regional Leaders in the Diffusion of Tort Innovations among the American States," Publius: The Journal of Federalism, CSF Associates Inc., vol. 27(1), pages 39-58.
    3. Berry, Frances Stokes & Berry, William D., 1990. "State Lottery Adoptions as Policy Innovations: An Event History Analysis," American Political Science Review, Cambridge University Press, vol. 84(2), pages 395-415, June.
    4. Canon, Bradley C. & Baum, Lawrence, 1981. "Patterns of Adoption of Tort Law Innovations: An Application of Diffusion Theory to Judicial Doctrines," American Political Science Review, Cambridge University Press, vol. 75(4), pages 975-987, December.
    5. Berger, M.A., 2005. "What has a decade of Daubert wrought?," American Journal of Public Health, American Public Health Association, vol. 95(S1), pages 59-65.
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