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Advanced Evidence Spring 2023 (4 credit)

OPTIONAL: A Tale of Two Dauberts: Discriminatory Effects of Scientific Reliability Screening

Jurs, Andrew W. and DeVito, Scott, 79 Ohio State Law Journal 1107 (2018)

This article may be of interest to those looking at the impact of Daubert in the civil system.

From the article:

"[W]e confirmed that Daubert does have a disparate impact on communities of color, leading to their disproportionate exclusion from federal court. We found that when the federal system adopted the stricter standard of Daubert in 1993, there was a disproportionate and negative impact on filings from African-American plaintiffs along with a corresponding rise in filings from white plaintiffs. 

Our research shows that, in response to Daubert, black plaintiffs were less likely to file in federal court, and once they were pushed out of the civil justice system, they remained out. In essence, the Daubert admissibility standard impacts filings exactly like a method of tort reform, but only for claimants of