Daubert and the Disappearing Jury Trial

Authors

  • Allan Kanner
  • M. Ryan Casey

DOI:

https://doi.org/10.5195/lawreview.2007.114

Abstract

In Kafka’s Before the Law, a man is arrested for a crime unknown to him and is tried in a court he does not recognize. To help explain the situation to the bewildered prisoner, a parable is related about a man seeking admittance to the Law. He comes before the gate of the Law and is told by the gatekeeper that it is possible to enter, but not at that moment. The man pleads with the gatekeeper but is denied entry. He spends his entire life before the gate, and just before his death, asks the gatekeeper, “Everyone strives after the law . . . , so how does it happen that in these many years no one but myself has ever begged admittance?” The gatekeeper sees that the man is near death, and shouts at him, “No one else could ever be admitted here, since this gate was made only for you. I am now going to shut it.”

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Published

2007-04-26

How to Cite

Kanner, Allan, and M. Ryan Casey. 2007. “Daubert and the Disappearing Jury Trial”. University of Pittsburgh Law Review 69 (2). https://doi.org/10.5195/lawreview.2007.114.

Issue

Vol. 69 No. 2 (2007)

Section

Articles

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