The Daubert Worldview
Prolegomenon: A Pronunciation Gazetteer
Q: Before we get to what it all means, how is "Daubert" pronounced?
Q: How do you know?
A: From an article authored by a duly licensed attorney who developed his opinion in the regular course of his professional duties. See Michael H. Gottesman, Admissibility of Expert Testimony After Daubert: The "Prestige" Factor, 43 Emory L.J. 867, 867 (1994).
Q: What makes Gottesman an expert on this subject?
A: He represented Jason Daubert before the Supreme Court and listened to how the Daubert family pronounced the name.
Q: So Gottesman's opinion on the correct pronunciation was developed for litigation purposes?
Q: Is "dow-burt" the generally accepted pronunciation?
A: Not universally so. Many lawyers and judges say "dough-bear."
Q: Well, what about the methods Gottesman used to arrive at his conclusion? Is listening to the client a prevalent methodology in the legal field?
A: To a point.
Q: So did Gottesman take any courses on listening to the client during law school?
A: Almost certainly not.
Q: Has the technique of listening to the client been tested?
Q: Does it have a known error rate?
A: The error rate is thought to be fairly high.
Q: Isn't it true, in fact, that Jason Daubert himself says the correct pronunciation is "daw-burt"?
A: Yes, but that's a single anecdotal report from somebody who doesn't even have a law degree. Gottesman's views are reflected in the published literature and have survived the crucible of peer review.
Q: Has Gottesman been consistent, at least, in the position he has taken on the proper pronunciation?
A: No. When he was arguing the case before the Supreme Court, he pronounced the name "dough-bear."
A: The Justices seemed to prefer that pronunciation.
Next: Chapter 1 -- Some Basics