Bar Bulletin

Bar Bulletin

Frye v. Daubert: A Choice of Law

September 2019 Bar Bulletin

By Richard D. Ross and Karen S. Bamberger1

In 1923, a consensus standard emerged in the case of Frye v. United States:

Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.2

Over the next 60 years,...

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