QUESTIONING THE ADMISSIBILITY OF NONSCIENTIFIC TESTIMONY AFTER DAUBERT: THE NEED FOR INCREASED JUDICIAL GATEKEEPING TO ENSURE THE RELIABILITY OF ALL EXPERT TESTIMONY

Abstract

This article examines the difficulty of finding a proper standard for evaluating non-scientific expert testimony. It analyzes the legal standard for the admission of expert testimony as set out in the Federal Rule of Evidence and the Daubert case. It reviews a split in courts as to how to apply these standards to non-scientific expert testimony. It ends with some proposals for the application of Daubert to non-scientific expert testimony and suggests an amendment to the Federal Rules of evidence