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Cardozo Law Review

Abstract

Unlike most of the other panelists, I am neither a tort lawyer nor an evidence scholar. I became involved in Daubert v. Merrell Dow Pharmaceuticals, Inc. because I am a Supreme Court advocate and was asked to author a brief amici curiae on behalf of an eclectic group of physicians, scientists, historians of science, and sociologists of science who were dismayed by the Ninth Circuit's opinion and wished to advise the Supreme Court on the nature of science and its uses in the courtroom. Accordingly, I am not particularly interested in engaging in the sort of spin-control about Daubert that you have heard from many plaintiffs' and defendants' advocates at this symposium. I would rather focus on the judicial grasp of the nature of scientific inquiry.

Keywords

Evidence, Scientific Evidence, Scientific Research, Testimony, Legal Practice and Procedure, Science and Technology Law

Disciplines

Law | Science and Technology Law

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