Courts & Judicial Process Colloquium | Statistical Learning Can Help the Judiciary Fulfill Its Gatekeeping Role Over Expert Witnesses
Monday, April 13, 2026 @ 10:00 am - 11:50 am
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Statistical Learning Can Help the Judiciary Fulfill Its Gatekeeping Role Over Expert Witnesses
Monday, April 13, 2026 | 10:00 – 11:50 a.m. (PT) | Room 134
Author: Andrew Baker, UC Berkeley
Commentator: Hon. William J. Lafferty, Bankr. N.D. Cal.
Abstract
“Statistical Learning Can Help the Judiciary Fulfill Its Gatekeeping Role Over Expert Witnesses”
By Andrew Baker, UC Berkeley
This article examines the historical challenges of expert testimony in the American legal system and proposes a forward-looking reform grounded in modern statistical learning techniques. Tracing the evolution from court-appointed experts to partisan witnesses, the paper highlights how adversarial practices and scientific complexity have strained judicial gatekeeping, particularly under the Daubert standard of judicial review of expert testimony. The paper argues that shifting from traditional model-driven estimation methods to data-driven, algorithmic approaches can improve the reliability and transparency of expert evidence. Through empirical examples in securities litigation and corporate valuation, it demonstrates how statistical learning methods can reduce expert discretion and aid judicial decision-making. The proposed reforms offer a practical pathway for courts to enhance the quality and fairness of expert testimony in modern litigation.
Colloquium Description
Many scholars write about the courts, about judicial process, and about the practice of judging. But what do judges think of this scholarship? Is it correct? Is it helpful? How could it be better? This colloquium on courts and judicial process brings scholars, judges, students, and faculty together to discuss current research projects about courts, judging, and procedure, among other topics. Over the course of the semester, we will discuss six projects. During a typical workshop, an invited scholar will present their work, and a judge of a federal, state, or foreign court will offer commentary on the research. Students and faculty will join in the open discussion that follows.
Curriculum Schedule
Mondays 10:00 – 11:50 am (PT) | Room 134
| Date | Topic | Speakers |
| February 2 | The Interstitial Executive: A View from the Founding |
Author: Christine Kexel Chabot, Marquette University Law School Commentator: Hon. J. Michelle Childs, D.C. Cir. |
| February 23 | The New Emergency Law |
Author: Elena Chachko, UC Berkeley Commentator: Hon. Leonard P. Stark, Fed. Cir. |
| March 9 | In CASA You Missed It |
Author: Mila Sohoni, Stanford Law Commentator: Hon. Rita Lin, N.D. Cal. |
| March 30 | Generative Misinterpretation |
Author: Benjamin Sobel, University of Wisconsin Commentator: Hon. Kevin Newsom, 11th Cir. |
| April 13 | Statistical Learning Can Help the Judiciary Fulfill Its Gatekeeping Role Over Expert Witnesses |
Author: Andrew Baker, UC Berkeley Commentator: Hon. William J. Lafferty, Bankr. N.D. Cal. |
| April 27 | The Ambitions of History and Tradition in and Beyond the Second Amendment |
Author: Andrew Baker, UC Berkeley Commentator: TBC |
These events are open only to UC Berkeley Law students, faculty, and staff, unless otherwise noted.
Events are wheelchair accessible. For disability-related accommodations, contact the organizer of the event. Advance notice is kindly requested.
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