Judges Cooperating with Scientists: A Proposal for More Effective Limits on the Federal Trial Judge's Inherent Power to Appoint Technical Advisors

Hess, Robert L., II, Vanderbilt Law Review

I. INTRODUCTION

Scientifically complex cases challenge the expertise of federal trial judges.1 Nonetheless, the United States Supreme Court has held that federal trial judges must take an active role in determining the admissibility of scientific evidence.2 The Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. expressed its view that the adversary system is capable of handling most scientific issues,3 and noted that trial judges may seek the help of third-party experts.4 Thus, the federal trial judge confronted with a scientifically complex case may rely on the adversaries or may seek help from a third-party expert. When faced with this choice, judges usually rely on the …

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Publication information: Article title: Judges Cooperating with Scientists: A Proposal for More Effective Limits on the Federal Trial Judge's Inherent Power to Appoint Technical Advisors. Contributors: Hess, Robert L., II - Author. Journal title: Vanderbilt Law Review. Volume: 54. Issue: 2 Publication date: March 2001. Page number: 547+. © Vanderbilt Law Review Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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