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Tables of Contents for Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision
Chapter/Section Title
Page #
Page Count
Preface
v
Figures
ix
Tables
xi
Summary
xiii
Acknowledgments
xxiii
Expert Evidence and the Challenge for the Courts
1
8
Evolution of Standards for Admission of Expert Evidence
1
3
Uncertainties About Translating Doctrine into Practice
4
1
Previous Research
5
2
Contribution of This Study
7
1
Report Organization
8
1
Conceptual Analysis of Daubert's Impact on Disposition of Challenged Evidence and Type of Evidence Challenged
9
6
Parties Involved in Proposing, Challenging, and Assessing Expert Evidence
9
1
Change in Proportion of Challenged Evidence Found Unreliable
10
3
Change in Proportion of Challenged Evidence Excluded
13
1
Change in Type of Evidence Challenged
13
2
Data and Methods
15
10
Selection of Opinions and Data Extraction
15
4
Overview of Opinions Analyzed
19
3
Analytic Approach
22
3
Changes in Reliability Standards Since Daubert
25
12
Trends in Frequency with Which Reliability Is Addressed and Evidence Is Found Unreliable
25
7
How Judges Interpreted Daubert's Scope
32
5
Trends in Factors Entering into the Reliability Assessment
37
10
Factors That Enter into the Reliability Assessment
37
1
Trends in Reliability Factors
37
4
Role of General Acceptance
41
6
Trends in the Other Criteria Used to Assess Expert Evidence
47
6
Recasting Challenges to Expert Evidence as Challenges Based on Reliability
47
1
Trends in Relevance, Qualifications, and Other Considerations
48
5
Consequences of More-Watchful Gatekeeping
53
8
Trends in Proportion of Challenged Evidence Excluded
53
2
Trends in Summary Judgment
55
2
Trends in Type of Evidence Challenged
57
4
Conclusions and Next Steps
61
28
Summary of Key Conclusions
61
3
Next Steps
64
3
Appendix
A. Characteristics of Sample of Opinions, Elements of Evidence, Experts, and Litigants
67
10
B. Statistical Approach for Analyzing Changes over Time in Outcomes of Interest
77
6
C. Evidence that Daubert Was Applied to Cases Filed Before July 1993
83
2
D. Statistical Analysis of Changes in the Decisiveness of General Acceptance
85
4
References
89