Lecture 3-10-09 - Lecture Regulatory Science and the Courts...

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Lecture 3/10/09 Regulatory Science and the Courts Background Recall Weinberg’s category of “trans-science” o Developed in response to a changing set of issues o Adversary process for deciding issues that fall between science and pure politics Hearings Agency review Public comments o What role for the courts? Courts Shape the Context for Doing Science Validity of biotech patents Determination of liability for harmful effects Standards for informed consent Scientific misconduct cases And probably soon, sources of human stem cells Drawing a Line Some areas have been off-limits: o Courts defer to peer review in funding decisions on individual proposals and funding priorities. Others are not: o Courts have ruled against regulatory agencies on the standards for regulatory science. Weinberg would approve! Impact of S&T on the Law New technology can disrupt established understandings and settled social arrangements o e.g., in vitro fertilization
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  • Fall '09
  • MIKELS,J.
  • scientific misconduct cases, Regulatory Science, Courts Background Recall, • Courts, Law Science Justice

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