Two Concepts of Reliability
by Dale A. Nance, J.D.
In Daubert v. Merrell Dow Pharmaceuticals, Inc.[2] and Kumho Tire Co. v. Carmichael,[3] the United States Supreme Court set the law of expert testimony on a quest for “reliability.”
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December 7, 2004
A Challenge to the Admissibility of Firearms and Toolmark Identifications: Amicus Brief Prepared on Behalf of the Defendant in United States V. Kain, Crim. No. 03-573-1 (E.D. PA. 2004)
by Adina Schwartz, J.D., Ph.D.
The following amicus brief was prepared in connection with a Daubert challenge in federal court to the admission of a firearms and toolmark examiner's testimony that cuts in a fence and grate were made by the defendant's bolt cutters, to the exclusion of all other bolt cutters in the world.
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Gene patents: "What God hath wrought!"
by Richard M. Lebovitz, Ph.D., J.D.
Abstract: Although the U.S. Patent and Trademark Office ("PTO") has granted patents on genes for over 20 years, the prudence of gene patenting continues to stir controversy.
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Punishing Medical Experts for Unethical Testimony: A Step in the Right Direction or a Step too Far?
by David B. Resnik, J.D., Ph.D.
On July 19, 2002, the North Carolina Medical Board (NCMB) revoked the license of Gary James Lustgarten, M.D. for allegedly unethical conduct in expert testimony he provided in a medical malpractice case in North Carolina.
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August 12, 2004
Law and Morality in Assisted Reproductive Technology Case study on the
Leeds Teaching Hospitals NHS Trust v Mr & Mrs A & Others
by Chantal Gill’ard, M.A.*
There is a beautiful feminist adage that goes, ’the personal is political’. What this aphorising adage conveys is that in post-industrial Great Britain...
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Scientific Consensus and Public Policy: The Case of Pfiesteria
by Darrin W. Belousek, Ph.D.
Abstract. This paper examines normative and political aspects of the peer review, scientific consensus and public policy processes related to harmful algal blooms of Pfiesteria in estuarine waters of North Carolina and Maryland in the 1990s.
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May 21, 2004
Playing Politics with Bioethics: Now That's Repugnant
by Yvette Pearson, Ph.D.
In a recent Washington Post editorial, Leon Kass claimed that neither he nor the President's Council on Bioethics (PCB) is "playing politics with science."
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Law and Nature -- by David Delaney
reviewed by Bill Shields, J.D.
It is my usual practice in reading scholarly books to first study the references cited by the author. This gives me some idea of the author's scope of research...
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The Secretary's Advisory Committee on Genetics, Health, and Society:
Summary of the October 22-23, 2003 Meeting
by Amanda Sarata, Fay Shamanski, Suzanne Goodwin, and Sarah Carr
The development and use of genetic technologies raises a broad range of human health and societal issues. In 2002, the U.S. Secretary of Health and Human Services...
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March 31, 2004
"Tobacco and Health" - Expert Witness Report Filed on behalf of Plaintiffs in: "The United States of America, Plaintiff, v. Philip Morris, Inc., et al., Defendants,"
Civil Action No. 99-CV-02496 (GK) (Federal case)
by Robert N. Proctor, Ph.D.
Historical Background: The tobacco plant is native to the Americas. Sailors accompanying Christopher Columbus on his voyage to the New World found Arawak and Taino Indians smoking the herb...
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The Intersections of Trade and Environmental Health: Discussion of the Roundtable on Environmental Health Sciences, Research, and Medicine
by Christine Coussens, Ph.D.
The Institute of Medicine's Roundtable on Environmental Health Sciences, Research, and Medicine was formed in 1998 to provide a neutral setting for individuals with different backgrounds and perspectives to discuss sensitive issues of mutual interest. More...
January 21, 2004
A comparison of ethical attitudes of English and German health professionals and lay people towards involuntary admission: Implications for the new Mental Health Act (England & Wales)
by Peter Lepping, M.D., Tilman Steinert, M.D., and Ralf-Peter Gebhardt, Ph.D
Objectives: To identify ethical attitudes about involuntary admission (known in Great Britain as formal admission) in mental health professionals and lay-people in England and Germany, especially looking at possible differences...
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November 11, 2003
Inter Arma Silent Leges: An Examination of the Legal Rights of American Citizens Detained as Enemy Combatants in the War on Terror
by Daniel Torres
In response to the attacks on American soil on September 11, 2001, the United States launched a "War on Terror" to rid the world of international terrorist networks who posed a threat to innocent civilians and democratic civilization.
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Truth in Legal Practice
by William M. Shields, J.D.
I read with interest Susan Haack's article on truth in the law. To the extent that I followed the philosophical points being made, I suspect that I am in agreement with Dr. Haack. In this note I offer brief comments from the standpoint of a practicing lawyer.
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October 30, 2003
Life, Death, and Politics: The Long Good-bye
by Barbara A. Noah, J.D
It is well settled under Florida law that individuals have a right to refuse life-sustaining medical treatment. As recognized in judicial decisions and by statute, Florida's law and its state constitution clearly support this right of refusal... More...
September 11, 2003
truth, truths, "truth", and "truths" in the law
by Susan Haack, Ph.D.
The best way to get a clear view of questions about truth -- in the law or anywhere else -- is to start, not with debates over "modernism" versus "post-modernism," and the whole dubious history of ideas they presuppose, but with a few simple distinctions. More...
July 29, 2003
Preserving Fertility in Young Cancer Patients: a Medical, Ethical and Legal Challenge
by Philip M. Rosoff, M.D. and Melanie L. Katsur, J.D.
Modern cancer treatment, while often producing lifelong cures, can also result in permanent damage to many organ systems. Although more than 70% of children and young adults can be cured of their cancers... More...
July 8, 2003
Ethical and Social Issues in Engineering and Computing — The Spring Regional Meeting of the IEEE Society on Social Implications of Technology
by Brian M. O'Connell, J.D.
The IEEE Society on Social Implications of Technology (SSIT) is comprised of an international membership of over 2000 practitioners and academics. In addition to those working within mainstream engineering fields, the Society includes among its members... More...
June 10, 2003
Ethical Issues in Maternal-Fetal Medicine: Edited by Donna L. Dickenson
by Barbara A. Elliott, Ph.D.
Donna Dickenson has edited a remarkably broad and ground-extending book titled Ethical Issues in Maternal-Fetal Medicine. The authors represent eight disciplines with international perspective, including philosophy, political science, sociology, obstetrics, pediatrics, general practice, ethics and law. More...
May 9, 2003
A Response to Avner Levin's "The Problem of Observation"
by Bill Shields, J.D.
With regard to the representation of quantum mechanics in the article, I have no serious scientific reservations, except to note that Bohr's particular version of the Problem of Observation was not and is not universally accepted. More...
April 8, 2003
Embyronic Stem Cells: Science Ethics and Public Policy: Conference Report
by Anne-Taylor Cahill
The Center for Religious Freedom at Virginia Wesleyan College wishing to examine the thorny issue of the therapeutic use of embryonic stem cells, gathered together... More...
Stephen F. Haller’s Apocalypse Soon? Wagering on Warnings of Global Catastrophe
by Elizabeth A. Corley, Ph.D.
How do we make policy decisions to avert potential global catastrophes when predictions from scientific models are highly uncertain? In his book... More...
March 3, 2003
Defending Against Biochemical Warfare: Ethical Issues Involving the Coercive Use of Investigational Drugs and Biologics in the Military
by William J. FitzPatrick, Ph.D. and Lee L. Zwanziger, Ph.D.
The threat of biological or chemical warfare raises urgent questions about how best to protect both civilian populations and military personnel from biochemical attacks. More...
The Problem of Observation
by Avner Levin
There is perhaps no area more popular or in demand among legal academics and faculties of law recently than the amorphous area known alternatively as 'law and science'... More...
January 23, 2003
A Biotechnology Patent Pool: An Idea Whose Time Has Come?
by David B. Resnik, J.D.
Abstract: This paper discusses the idea of forming a patent pool in order to address some of the licensing problems in the biotechnology industry. The pool would be an independent... More...
James Franklin's The Science of Conjecture: Evidence and Probability before Pascal
Reviewed by Doug Jesseph, Ph.D.
Decision under conditions of uncertainty is an unavoidable fact of life. The available evidence rarely suffices to establish a claim with complete confidence... More...
November 8 2002
What Role Should Rules, Guidelines, and Education Play in the Responsible Conduct of Research? A National Conference Addresses the Issue
by Jennifer Douglas-Vidas, M.A. and Marsha E. Reichman, Ph.D.
On September 23-24, 2002, the Office of Research Integrity (ORI), Department of Health and Human Services (DHHS), convened a national conference ... More...
October 21, 2002
David Guston's Between Politics and Science: Assuring the Integrity and Productivity of Research
by Kimarie R. Stratos, J.D
Instead of a new world order, we have "a new world of inordinate disorder," Norman Neureiter told an audience at Georgetown University's School of Foreign Service... More...
July 8, 2002
For "Just Results": Questioning National Missile Defense Research in Alaska
by Norman K. Swazo, Ph.D.
With the election of the Bush Administration there is added commitment to research and development of a national missile defense system (NMD)... More...
Are Health Professionals Prepared for the Task of Integrating Genetics into Healthcare?
by Susanne B. Haga, Ph.D. and Joann A. Boughman, Ph.D.
On May 13, 2002, more than 200 individuals from academia, public health, industry, government, patient advocacy groups... More...
May 7, 2002
Immortality and Sentencing Law
by Richard Haigh and Mirko Bagaric
The time may not be far away where we may be able to live much longer than we do now — potentially forever. This will have an enormous impact on the way people live their lives as the underlying premise... More...
March 27, 2002
Bioethics and Bioterrorism
by Brent Garland, M.S., J.D.
A day-long conference was convened to discuss bioethical concerns arising in the wake of September 11th and the subsequent anthrax mailing incidents. More...
February 19, 2002
Commercial Surrogacy and the Redefinition of Motherhood
by Bryn Williams-Jones
Since the 1970s, there has been rapid and wide ranging development in the field of new reproductive technologies (NRT). With donor insemination (DI) and in vitro fertilization (IVF), previously infertile couples have been given new hope and the chance to have children. More...
January 9, 2002
Balancing Scientific Freedom and National Security after September 11th
by Michelle R. Detwiler
An audience of approximately 300 scientists, professors, government employees, and other citizens gathered in Washington, D.C. for a public symposium... More...
December 7, 2001
Financial Conflict of Interest and Medical Research: Beware the Medical-Industrial Complex
by Cary P. Gross, MD
It has been a generation since the foundations of medical research in the United States have been shaken to the point of necessitating reform in the system of oversight. More...
Reconciling Science and Society
by Tanya Williams, Scott Siera, and Arri Eisen, Ph.D.
The Fourth National Undergraduate Bioethics Conference held at Emory University October 4-7th, 2001, marked the a stage in the vital conversation between science and society. More...
November 1, 2001
An Epistemologist in the Bramble-Bush: At the Supreme Court With Mr. Joiner
by Susan Haack, Ph.D.
"Judges become leery of expert witnesses," ran headlines in the Wall Street Journal a couple of years ago; they are "Skeptical of Unproven Science" -- the "Testimony of Dilettantes." More...
The Evolving Role of Scientific Experts in the Courts
by Mark S. Frankel, Ph.D.
Criticism of the way the courts have handled--or mishandled--cases that have involved complex scientific and technical evidence has received extensive coverage in the press. More...
Ethics and the Patenting of Human Genes
by Annabelle Lever, Ph.D.
Human gene patents are patents on human genes that have been removed from human bodies and scientifically isolated and manipulated in a laboratory. More...
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