Toward Incentive-Based Procedure: Three Approaches for Regulating Scientific Evidence

E. Donald Elliott, Yale Law School


The problem to be discussed is hardly the most important facing the law today. Expert testimony about technical and scientific issues is presented in a relatively small percentage of cases. It plays a central role in an even smaller proportion: for example, in toxic torts, medical malpractice, and occasionally in criminal cases in which new forensic techniques are offered as evidence.