Balancing Legal Process with Scientific Expertise: Expert Witness Methodology in Five Nations and Suggestions for Reform of Pos-DaubertU.S. Reliability Determinations‖ Marquette law review [0025-3987

In a recent article on science and the law, Susan Haack suggested that “we could learn something from the experiences of other nations that are equally technologically advanced, but have different... legal arrangements. ” Her suggestion is both appropriate and timely, as the evidence mounts on the problems with the current judicial management of complex science. This Article starts with a simple, related premise, that the proper balance of legal process and scientific expertise is not a uniquely American problem. If this is true, then we should, as Haack suggests, seek inspiration for reform in the varying methodologies of other nations. After beginning with a critical examination of the U.S. expert witness system, this Article discusses the handling of expert witnesses in multiple common law nations (Canada and the United Kingdom) and in multiple civil law nations (Germany and Japan). After examining those systems, this Article makes recommendations as to which methodologies, currentl