The Courts, Daubert, and Environmental Torts: Gatekeepers or Auditors?

Roisman, Anthony Z.

Journal: Pace Environmental Law Review

Volume: 14

First Page: 545

Year: 1997

Bluebook Citation: 14 PACE ENVTL. L. REV. 545 (1997)

Author: Anthony Z. Roisman: all 5 publications


Abstract

Since the decision in Daubert v. Merrell Dow, courts, legal scholars and the scientific community have been struggling with how much judicial activism is required to comply with the "gatekeeper" role mandated by the Supreme Court. This Article examines the varying conclusions reached on that subject and, relying on several significant Courts of Appeals decisions, suggests how courts can fulfill their Daubert duties without becoming amateur scientists and without expending enormous judicial resources.

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