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DISCUSSION OF THE COMMITTEE ON
DAUBERT STANDARDS
SUMMARY OF MEETINGS
Kathi E. Hanna and Anne-Marie Mazza, Rapporteurs
Committee on Daubert Standards
Committee on Science, Technology, and Law
Policy and Global Affairs
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THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W. Washington, DC 20001
NOTICE: The project that is the subject of this report was approved by
the Governing Board of the National Research Council, whose members
are drawn from the councils of the National Academy of Sciences, the
National Academy of Engineering, and the Institute of Medicine. The
members of the committee were chosen for their special competences and
with regard for appropriate balance.
This study was supported by Contract No. UVPI-7118-001, between the
National Academies and the Common Benefit Trust. Publication of the
report was supported by The Starr Foundation. The views presented in
this report are those of the rapporteurs and are not necessarily those of the
funding source.
International Standard Book Number 0-309-10248-0
Additional copies of this report are available from the National Academies
Press, 500 Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800)
624-6242 or (202) 334-3313 (in the Washington metropolitan area);
Internet, http://www.nap.edu.
Copyright 2006 by the National Academy of Sciences. All rights reserved.
Printed in the United States of America
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The National Academy of Sciences is a private, nonprofit, self-perpetuating society
of distinguished scholars engaged in scientific and engineering research, dedicated to
the furtherance of science and technology and to their use for the general welfare.
Upon the authority of the charter granted to it by the Congress in 1863, the Academy
has a mandate that requires it to advise the federal government on scientific and
technical matters. Dr. Ralph J. Cicerone is president of the National Academy of
Sciences.
The National Academy of Engineering was established in 1964, under the charter of
the National Academy of Sciences, as a parallel organization of outstanding engi-
neers. It is autonomous in its administration and in the selection of its members,
sharing with the National Academy of Sciences the responsibility for advising the
federal government. The National Academy of Engineering also sponsors engineer-
ing programs aimed at meeting national needs, encourages education and research,
and recognizes the superior achievements of engineers. Dr. Wm. A. Wulf is president
of the National Academy of Engineering.
The Institute of Medicine was established in 1970 by the National Academy of
Sciences to secure the services of eminent members of appropriate professions in the
examination of policy matters pertaining to the health of the public. The Institute
acts under the responsibility given to the National Academy of Sciences by its
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initiative, to identify issues of medical care, research, and education. Dr. Harvey V.
Fineberg is president of the Institute of Medicine.
The National Research Council was organized by the National Academy of Sciences
in 1916 to associate the broad community of science and technology with the
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Functioning in accordance with general policies determined by the Academy, the
Council has become the principal operating agency of both the National Academy of
Sciences and the National Academy of Engineering in providing services to the
government, the public, and the scientific and engineering communities. The
Council is administered jointly by both Academies and the Institute of Medicine.
Dr. Ralph J. Cicerone and Dr. Wm. A. Wulf are chair and vice chair, respectively, of
the National Research Council.
www.national-academies.org
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COMMITTEE ON DAUBERT STANDARDS
Margaret Berger (Co-chair), Suzanne J. and Norman Miles Professor
of Law, Brooklyn Law School
Doug Weed (Co-chair), Chief, Office of Preventive Oncology,
National Cancer Institute (NIH)
Shirley Abrahamson, Chief Justice, Wisconsin Supreme Court
Joe Cecil, Project Director, Program on Scientific and Technical
Evidence, Division of Research, Federal Judicial Center
Joel Cohen (NAS), Abby Rockefeller Mauze Professor of
Populations; Head, Laboratory of Populations, The
Rockefeller University and Columbia University
Steven Goodman, Associate Professor of Oncology, Pediatrics,
Epidemiology, and Biostatistics, Johns Hopkins School of
Medicine
Sander Greenland, Professor of Epidemiology and Statistics,
University of California, Los Angeles
Patrick Malone, Partner, Stein, Mitchell & Mezines
Jennifer Mnookin, Professor of Law, University of Virginia
Judith Resnik, Arthur Liman Professor of Law, Yale Law School
Barbara Rothstein, Director, Federal Judical Center
Staff
Anne-Marie Mazza, Study Director
Kathi Hanna, Consultant Writer
Stacey Speer, Program Associate (through April 2005)
Elizabeth Briggs-Huthnance, Senior Program Associate
iv
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COMMITTEE ON SCIENCE, TECHNOLOGY, AND LAW
SHIRLEY S. ABRAHAMSON, Chief Justice, Wisconsin Supreme
Court
FREDERICK R. ANDERSON, JR., Partner, McKenna, Long &
Aldridge LLP
MARGARET A. BERGER, Suzanne J. and Norman Miles
Professor of Law, Brooklyn Law School
ARTHUR I. BIENENSTOCK, Vice Provost and Dean of Research
and Graduate Policy, Stanford University
PAUL D. CARRINGTON, Professor of Law, Duke University
Law School
JOE S. CECIL, Project Director, Program on Scientific and
Technical Evidence, Division of Research, Federal Judicial
Center
JOEL E. COHEN (NAS), Abby Rockefeller Mauze Professor and
Head, Laboratory of Populations, The Rockefeller University
and Columbia University
KENNETH W. DAM, Max Pam Professor Emeritus of American
and Foreign Law and Senior Lecturer, University of Chicago
Law School
REBECCA S. EISENBERG, Robert and Barbara Luciano
Professor of Law, University of Michigan Law School
DAVID J. GALAS, Chancellor and Chief Scientific Officer, Norris
Professor of Applied Life Sciences, Keck Graduate Institute
of Applied Life Sciences
DAVID L. GOODSTEIN, Vice Provost; Professor of Physics and
Applied Physics; Frank J. Gilloon Distinguished Teaching
and Service Professor, California Institute of Technology
SHEILA S. JASANOFF, Pforzheimer Professor of Science and
Public Policy Studies, John F. Kennedy School of
Government, Harvard University
DONALD KENNEDY (NAS/IOM) (Co-chair), Editor in Chief,
Science, President Emeritus and Bing Professor of
Environmental Science Emeritus, Stanford University
DANIEL J. KEVLES, Stanley Woodward Professor of History,
Yale University
DAVID KORN (IOM), Senior Vice President for Biomedical and
Health Sciences Research, Association of American Medical
Colleges
ROBERT A. LONERGAN, Vice President and General Counsel,
Rohm and Haas
PATRICK A. MALONE, Partner, Stein, Mitchell & Mezines
v
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RICHARD A. MERRILL (IOM), (Co-chair), Daniel Caplin
Professor of Law, University of Virginia Law School
RICHARD A. MESERVE (NAE), President, Carnegie Institution
of Washington
ALAN B. MORRISON, Senior Lecturer, Stanford Law School
THOMAS D. POLLARD (NAS/IOM), Eugene Higgins Professor,
Department of Molecular, Cellular, and Developmental
Biology, Yale University
CHANNING R. ROBERTSON, Ruth G. and William K. Bowes
Professor, Dean of Faculty and Academic Affairs, School of
Engineering, Stanford University
JONATHAN M. SAMET (IOM), Professor and Chairman,
Department of Epidemiology, Johns Hopkins Bloomberg
School of Public Health
FERN M. SMITH, U.S. District Judge, U.S. District Court for the
Northern District of California
JAMES GUSTAVE SPETH, Dean and Professor in the Practice of
Environmental Policy and Sustainable Development, Yale
School of Forestry and Environmental Studies
SHEILA E. WIDNALL (NAE), Institute Professor, Massachusetts
Institute of Technology
Staff
ANNE-MARIE MAZZA, Director
ELIZABETH BRIGGS-HUTHNANCE, Senior Program
Associate
vi
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ACKNOWLEDGMENTS
This report has been reviewed in draft form by individuals chosen for
their diverse perspectives and technical expertise, in accordance
with procedures approved by the National Academies' Report
Review Committee. The purpose of this independent review is to
provide candid and critical comments that will assist the institution
in making its published report as sound as possible and to ensure
that the report meets institutional standards for quality and objec-
tivity. The review comments and draft manuscript remain confiden-
tial to protect the integrity of the process.
We wish to thank the following individuals for their review
of this report: Mark Behrens, Shook, Hardy & Bacon, LLC;
Michael Green, Wake Forest University School of Law; David A.
Savitz, University of North Carolina School of Public Health; and
Brian Strom, University of Pennsylvania School of Medicine.
Although the reviewers listed above have provided many
constructive comments and suggestions, they were not asked to
endorse the content of the report, nor did they see the final draft
before its release. The review of this report was overseen by
Richard A. Meserve, Carnegie Institution of Washington, appointed
by the National Academies. He was responsible for making certain
that an independent examination of this report was carried out in
accordance with institutional procedures and that all review com-
ments were carefully considered. Responsibility for the final
content of this report rests entirely with the authors and the
institution.
vii
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CONTENTS
INTRODUCTION 1
OVERVIEW OF KEY SUPREME COURT DECISIONS 3
THE LEGAL LANDSCAPE POST-DAUBERT 7
EVIDENCE SYNTHESIS: THE QUESTION OF
CAUSATION 11
AREAS NEEDING FURTHER STUDY 17
SELECTED REFERENCES 21
APPENDIXES
A Committee Biographies 23
B Meeting Agenda 33
ix
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