Boston College Law Review Volume 45 Article 1 Issue 1 Number 1 12-1-2003 Why Judges Applying the Daubert Trilogy Need to Know About the Social, Institutional, and Rhetorical - And Not Just the Methodological - aspects of Science David S. Caudill
[email protected] Lewis H. LaRue Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Legal History Commons, and the Science and Technology Law Commons Recommended Citation David S. Caudill & Lewis H. LaRue, Why Judges Applying the Daubert Trilogy Need to Know About the Social, Institutional, and Rhetorical - And Not Just the Methodological - aspects of Science, 45 B.C.L. Rev. 1 (2003), http://lawdigitalcommons.bc.edu/bclr/vol45/iss1/1 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. WHY JUDGES APPLYING THE DAUBERT TRILOGY NEED TO KNOW ABOUT THE SOCIAL, INSTITUTIONAL, AND RHETORICAL-AND NOT JUST THE METHODOLOGICAL- ASPECTS OF SCIENCE DAVID S. CAUDILL* & LEWIS H. LARUE** Abstract: In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (1) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability).