# Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases since the Daubert Decision

By Lloyd Dixon; Brian Gill | Go to book overview

D
STATISTICAL ANALYSIS OF CHANGES IN THE DECISIVENESS OF
GENERAL ACCEPTANCE

We used a logistic model to examine whether the decisiveness of general acceptance has changed over time. The outcome variables are whether the element of evidence was found unreliable and whether the challenged evidence was excluded. The key explanatory variables are (1) whether the evidence was rated unfavorably on general acceptance and (2) whether the evidence was rated unfavorably on any other reliability factor. The two variables were interacted with time to test whether the decisiveness of general acceptance and that of the other reliability factors have changed. A positive coefficient on the interaction between time and a reliability factor means that the probability that the element of evidence will be found unreliable when it is rated negatively on that factor (holding its rating on the other factors constant) increased during the time period. As before, dummy variables for case type, substantive area of evidence, and appellate circuit were included to control for a variety of evidence-specific characteristics that remain constant over time. The model was also estimated allowing for correlation among the errors for elements of evidence coming from the same opinion.

The logit model has the same form as the model described in Appendix B, but here the explanatory variables are

where

and the other variables are as defined to Appendix B.

Table D.1 reports the results. The second and third columns show the results for whether the evidence elements are found unreliable. As can be seen, after Daubert, general acceptance is a good predictor of whether evidence was found reliable when ratings on other reliability factors are held constant. (The coefficient 3.5699 has the expected sign and is statistically significant at 10 percent.) Prior to Daubert, the coefficient on general acceptance (the sum of 3.5699 and

-85-

If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

#### Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.
Citations (0)
Some of your citations are legacy items.
Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
• Saved book/article
• Highlights
• Quotes/citations
• Notes
• Bookmarks
Notes

#### Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

#### Cited page

Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases since the Daubert Decision

Settings

#### Settings

Typeface
Text size Reset View mode
Search within

Look up

#### Look up a word

• Dictionary
• Thesaurus
Please submit a word or phrase above.

Why can't I print more than one page at a time?

Full screen
/ 90

## Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

## Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

## Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.