Tuesday, August 1, 2006
The recent decision by Chief Judge James M. Rosenbaum (D. Minn) (for whom I clerked), striking down the Minnesota statute that would fine minors in possession of adult-rated videogames, has gotten a fair amount of press. The opinion includes an interesting, brief, discussion of Daubert in discussing causation:
Dr. Anderson’s meta-analysis seems to suggest that one can take a number of studies, each of which he admits do not prove the proposition in question, and “stack them up” until a collective proof emerges. It is fair to say that his article does not, on its face, demonstrate the validity of this thesis. In making this observation, the Court sees no present need to undertake a Daubert analysis concerning the article’s admissibility – especially when the article itself identifies empirical flaws which keep it from actually supporting the State’s purported interests. See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993).
Here's the opinion: Download videogames.pdf [PDF].