ABSTRACT
This chapter examines recent developments in the law of evidence that affect those offering expert testimony in legal cases and regulatory hearings. There is a special focus on the 1993 Daubert decision that is now the rule in all Federal and many state jurisdictions, with its four “guidelines” that involve falsifiability, error rates, peer review and publication, and general acceptance of the methodology used. This ruling developed out of efforts to assess the toxicity of chemical substances. A brief look at the history leading to Daubert will be offered, as will the impact of the Federal Rules of Evidence since their adoption. The chapter will end with attention paid to the importance of meeting the guidelines mentioned in Daubert, the gatekeeper role of the trial judge in determining the admissibility of scientific testimony, and the impact of Joiner on the standard of review.
