Yet another remarkable science ascertains dates of death by correlating the life cycles of maggots and other insects with the age of their host cadavers. The Supreme Court's 1993 ruling on expert testimony was the first in its entire history, but three more followed quickly. Lower courts now make pivotal rulings on expert testimony in almost every major trial. This is bad news for lawyers, the brokers of confusion and uncertainty. The more uncertain the key facts, the more lawyers get to litigate them.
Hard science dispels uncertainty.
Fog and smoke always advance the livelihood of at least one side's lawyers, and usually of both. But the Supreme Court is now consistently calling for less smoke and more reliable experts. Since 1993, the trial bar's response has centered mainly on what might be called the science of personal destruction. Plaintiffs' lawyers have taken to dumping harassing subpoenas, and in some instances lawsuits too, on mainstream scientists, the institutions that employ them, the journals that publish them, the professional peers who review their work and even newspaper reporters who write about it. The Mayo Clinic, Carnegie Mellon University, the editor of the New England Journal of Medicine and a reporter for the New York Times have all been among the targets.