Peering Behind The Peer Review Curtain

Law360 (August 17, 2018, 3:20 PM EDT) -- The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals, in interpreting Rule 702 of the Federal Rules of Evidence, laid out various nonexclusive criteria for consideration in evaluating proposed scientific evidence. One of them was peer review.

As the court put it: “The fact of publication (or lack thereof) in a peer reviewed journal … will be a relevant, though not dispositive, consideration in assessing the scientific validity of a particular technique or methodology on which an opinion is premised.”[1]

Compared to other Daubert factors (or those described in the subsequent comments to Rule 702), the presence or absence of...

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