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Party-Blind Review

A Proposal to Reduce Judicial Bias in Expert Evidence Admissibility Rulings

from Part II - The Rules

Published online by Cambridge University Press:  14 October 2026

Bennett Capers
Affiliation:
Fordham University, New York
Jasmine E. Harris
Affiliation:
University of Pennsylvania Law School
Julia Simon-Kerr
Affiliation:
University of Connecticut
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Summary

As readers of this volume will be well aware, Federal Rule of Evidence (FRE) 702 and the Supreme Court’s famous 1993 opinion in Daubert v. Merrell Dow Pharmaceuticals require courts to assess the reliability of expert evidence before admitting it to the jury. Most states impose similar rules. These rules are commonly understood to require courts to perform a gatekeeping function to keep unreliable expert evidence away from the jury.

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