IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v4y2007i4p983-1006.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1740-1461.2007.00112.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1740-1461.2007.00112.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Lars P. Feld, 2006. "Regulatory Competition and Federalism in Switzerland: Diffusion by Horizontal and Vertical Interaction," CREMA Working Paper Series 2006-22, Center for Research in Economics, Management and the Arts (CREMA).
    2. Kaveh Rashidi & Anthony Patt, 2018. "Subsistence over symbolism: the role of transnational municipal networks on cities’ climate policy innovation and adoption," Mitigation and Adaptation Strategies for Global Change, Springer, vol. 23(4), pages 507-523, April.
    3. Feler Bose, 2021. "Policy Innovativeness and Sexual Freedom," Social Science Quarterly, Southwestern Social Science Association, vol. 102(4), pages 1496-1510, July.
    4. Marlene Kammerer & Chandreyee Namhata, 2018. "What drives the adoption of climate change mitigation policy? A dynamic network approach to policy diffusion," Policy Sciences, Springer;Society of Policy Sciences, vol. 51(4), pages 477-513, December.
    5. Evan M. Mistur & John Wagner Givens & Daniel C. Matisoff, 2023. "Contagious COVID‐19 policies: Policy diffusion during times of crisis," Review of Policy Research, Policy Studies Organization, vol. 40(1), pages 36-62, January.
    6. Suk Joon Hwang & Frances Berry, 2019. "Deterring Drunk Driving: Why Some States Go Further Than Others in Policy Innovation," IJERPH, MDPI, vol. 16(10), pages 1-18, May.
    7. Hassan Danaeefard & Fatemeh Mahdizadeh, 2022. "Public Policy Diffusion: A Scoping Review," Public Organization Review, Springer, vol. 22(2), pages 455-477, June.
    8. Janel Jett & Leigh Raymond, 2021. "Issue Framing and U.S. State Energy and Climate Policy Choice," Review of Policy Research, Policy Studies Organization, vol. 38(3), pages 278-299, May.
    9. Amy Y. Li, 2017. "Covet Thy Neighbor or “Reverse Policy Diffusion”? State Adoption of Performance Funding 2.0," Research in Higher Education, Springer;Association for Institutional Research, vol. 58(7), pages 746-771, November.
    10. Lars P. Feld & Horst Zimmermann & Thomas Döring, 2003. "Föderalismus, Dezentralität und Wirtschaftswachstum," Vierteljahrshefte zur Wirtschaftsforschung / Quarterly Journal of Economic Research, DIW Berlin, German Institute for Economic Research, vol. 72(3), pages 361-377.
    11. Valente, Thomas W. & Pitts, Stephanie & Wipfli, Heather & Vega Yon, George G., 2019. "Network influences on policy implementation: Evidence from a global health treaty," Social Science & Medicine, Elsevier, vol. 222(C), pages 188-197.
    12. J D Smith & H R Glick, 1995. "The Right to Die: A Cross-National Analysis of Agenda Setting and Innovation," Environment and Planning C, , vol. 13(4), pages 479-501, December.
    13. Srinivas C. Parinandi, 2020. "Policy Inventing and Borrowing among State Legislatures," American Journal of Political Science, John Wiley & Sons, vol. 64(4), pages 852-868, October.
    14. Jingru Li & Jinxiao Ji & Jian Zuo & Yi Tan, 2023. "Is Policy the Necessary or Sufficient Driving Force of Construction and Demolition Waste Recycling Industry Development? Experience from China," IJERPH, MDPI, vol. 20(6), pages 1-16, March.
    15. William D. Berry & Jacqueline H. R. DeMeritt & Justin Esarey, 2010. "Testing for Interaction in Binary Logit and Probit Models: Is a Product Term Essential?," American Journal of Political Science, John Wiley & Sons, vol. 54(1), pages 248-266, January.
    16. Hayashida, Sherilyn & La Croix, Sumner & Coffman, Makena, 2021. "Understanding changes in electric vehicle policies in the U.S. states, 2010–2018," Transport Policy, Elsevier, vol. 103(C), pages 211-223.
    17. Chun-Fang Chiang & Jason M. Kuo & Megumi Naoi & Jin-Tan Liu, 2020. "What Do Voters Learn from Foreign News? Emulation, Backlash, and Public Support for Trade Agreements," NBER Working Papers 27497, National Bureau of Economic Research, Inc.
    18. Cletus C. Coughlin & Thomas A. Garrett & Ruben Hernandez-Murillo, 2004. "Spatial probit and the geographic patterns of state lotteries," Working Papers 2003-042, Federal Reserve Bank of St. Louis.
    19. Felix Strebel & Thomas Widmer, 2012. "Visibility and facticity in policy diffusion: going beyond the prevailing binarity," Policy Sciences, Springer;Society of Policy Sciences, vol. 45(4), pages 385-398, December.
    20. Xiaohan Li & Yang Lv & Md Nazirul Islam Sarker & Xun Zeng, 2022. "Assessment of Critical Diffusion Factors of Public–Private Partnership and Social Policy: Evidence from Mainland Prefecture-Level Cities in China," Land, MDPI, vol. 11(3), pages 1-15, February.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:empleg:v:4:y:2007:i:4:p:983-1006. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.