Sherley v. Sebelius: Stem Cells and the Uneasy Interplay Between the Federal Bench and the Lab Bench

After Barack Obama\u27s election to the presidency, he promised that one of his top priorities in office would be to relieve the restrictions initiated by President George W. Bush on federal funding of embryonic stem cell research. President Obama followed through on his promise, but the celebrations in the nation\u27s research labs were short-lived. Anti-abortion advocates and other scientists working in the field that would allegedly be out-competed in the federal funding arena brought a legal challenge to the new government position. The struggle culminated in August 2010 with a federal district court issuing a preliminary injunction to halt the new funding initiative. Although the government successfully appealed for a stay on the injunction pending arguments in the Court of Appeals, the decision has paralyzed research in the field. This iBrief argues that the injunction was wrongly granted, predicts how higher courts might treat the case, and suggests that the proper forum for addressing this controversy lies within the scientific community, not the judiciary

Law and Engineering: In Search of the Law-Science Problem

Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA

Law and Engineering: In Search of the Law-Science Problem

Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA

Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, and Law

Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience

Misunderstanding Models in Environmental and Public Health Regulation

Computational models are fundamental to environmental regulation, yet their capabilities tend to be misunderstood by policymakers. Rather than rely on models to illuminate dynamic and uncertain relationships in natural settings, policymakers too often use models as “answer machines.” This fundamental misperception that models can generate decisive facts leads to a perverse negative feedback loop that begins with policymaking itself and radiates into the science of modeling and into regulatory deliberations where participants can exploit the misunderstanding in strategic ways. This paper documents the pervasive misperception of models as truth machines in U.S. regulation and the multi-layered problems that result from this misunderstanding. The paper concludes with a series of proposals for making better use of models in environmental policy analysis.The Kay Bailey Hutchison Center for Energy, Law, and Busines

Finding a consensus between philosophy of applied and social sciences: A case of biology of human rights

This paper is an attempt to provide an adequate theoretical framework to understand the biological basis of human rights. We argue that the skepticism about human rights is increasing especially among the most rational, innovative and productive community of intellectuals belonging to the applied sciences. By using examples of embryonic stem cell research, a clash between applied scientists and legal scientists cum human rights activists has been highlighted. After an extensive literature review, this paper concludes that the advances in applied sciences proven by empirical evidence should not be restricted by normative theories and philosophies of the social sciences. If we agree on these premises that Human Rights are biological, then biology can provide a framework of cooperation for social and applied scientists

The Arts of Persuasion in Science and Law: Conflicting Norms in the Courtroom

Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how those norms may differ across disciplines and groups. Norms of persuasion in the courtroom and in legal briefs differ from norms at a scientific conference and in scientific journals. Here, Kritzer examines the disconnect between science and the courtroom in terms of the differing norms of persuasion found within the scientific community and within the legal community

Against the Tide. A Critical Review by Scientists of How Physics and Astronomy Get Done

Nobody should have a monopoly of the truth in this universe. The censorship and suppression of challenging ideas against the tide of mainstream research, the blacklisting of scientists, for instance, is neither the best way to do and filter science, nor to promote progress in the human knowledge. The removal of good and novel ideas from the scientific stage is very detrimental to the pursuit of the truth. There are instances in which a mere unqualified belief can occasionally be converted into a generally accepted scientific theory through the screening action of refereed literature and meetings planned by the scientific organizing committees and through the distribution of funds controlled by "club opinions". It leads to unitary paradigms and unitary thinking not necessarily associated to the unique truth. This is the topic of this book: to critically analyze the problems of the official (and sometimes illicit) mechanisms under which current science (physics and astronomy in particular) is being administered and filtered today, along with the onerous consequences these mechanisms have on all of us.\ud \ud The authors, all of them professional researchers, reveal a pessimistic view of the miseries of the actual system, while a glimmer of hope remains in the "leitmotiv" claim towards the freedom in doing research and attaining an acceptable level of ethics in science