Judging Science: Scientific Knowledge and the Federal Courts
Average customer rating: 5 out of 5 stars
  • For Everyone Interested In Truth and Decisionmaking
  • Belongs in every critical thinker's library
  • Requires a bit of grappling with math, but well worth it
  • Highlights the problems of much "scientific evidence"
Judging Science: Scientific Knowledge and the Federal Courts
Kenneth R. Foster , and Peter W. Huber
Manufacturer: The MIT Press
ProductGroup: Book
Binding: Paperback

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ASIN: 0262561204

Book Description

What is "scientific knowledge" and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993 the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label "scientific knowledge." The testimony must be scientifically "reliable" and "valid."

This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of "scientific validity"; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury.

The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.

Customer Reviews:

5 out of 5 stars For Everyone Interested In Truth and Decisionmaking.......2006-07-03

This is a very unique book and entirely appropriate for nonlawyers. This is not a "law book" on scientific evidence. The authors merely use Daubert -the case that announced the Supreme Court's current approach to scientific expert testimony- as the vehicle for an extended meditation on the nature of truth. There are very few case citations, and all jargon is thoroughly explained in advance.

Throughout the 20th Century, courts have been confounded by the question of how to regulate the use of science in the courtroom. Our system of law draws a distinction between "questions of fact" and "questions of law"; judges can generally only rule on latter. Questions of fact are up to the jury, and these are the questions to which scientific testimony is usually directed (e.g. "Did the defendant's pollutant cause the plaintiff's cancer?") But juries are generally no more scientifically literate than the populace at large, and the danger that they will be misled is great. Two questions arise: a) How can good science be distinguished from bad? and b) Who makes these quality judgments? The second question is a legal/policy question, but the first is just classic epistemology.

Before Daubert, courts took a hands-off approach, relying on the consensus of the scientific community - effectively on peer review. Daubert revolutionized the federal system by requiring the judge to make preliminary judgments of sound scientific method. But how?

This book examines the epistemological approach suggested by the dicta in Daubert, places that approach in intellectual/historical context, and then moves on to criticize it. All of this is done wonderfully, with lots of sidebars and examples. The authors sift the gems from a huge body of literature on law, epistemology and decision science. Brief, inexpensive, and lucid, this would make an excellent text for a college class in the philosophy of law, epistemology or jurisprudence. And don't be scared away by Peter Huber's polarizing reputation. This book's only political agendas are justice and accuracy.

5 out of 5 stars Belongs in every critical thinker's library.......2001-03-28

I disagree with the previous reviewer's comments that the book is largely of use to the legal professioin. I find the law case serves as a great backdrop to understanding science and judging scientific claims. Many great principles are explained in this book.

5 out of 5 stars Requires a bit of grappling with math, but well worth it.......2000-04-03

Since O.J. Simpson's double homicide trial acquainted everyonewith the concepts of RFLP and PCR testing for DNA, the issue ofscience in courtroom has been on the frontburner. As Foster and Huber demonstrate, however, this issue has had a long and controversial history.

Using the mass tort litigation involving the drug Bendectin, which was used to treat morning sickness but became suspected of causing birth defects, the authors make a key point: the scientific method is not entirely compatible with the legal method.

The scientific process consists of formulating a hypothesis, testing the hypothesis to see if it can be disproven, and repeating the testing process until one becomes convinced that the hypothesis must be true. (Or realizing that it is false, if a test disproves it.)

This means, however, that a scientific witness can be neutralized somewhat through clever (but artful) questioning of the sort, "Isn't it possible that . . . ."

There are no equations in this book, but there is some discussion of statistics, particularly as used in epidemiology. The mathematical concepts are not at all difficult, and well worth thinking about.

5 out of 5 stars Highlights the problems of much "scientific evidence".......2000-03-28

Although non-lawyers can appreciate this book, it is really of use to lawyers in mass tort cases where scientific evidence is used to prove causality issues.

Foster and Huber use the litigation over the pregnancy drug Bendectin to explain the ways in which science is used and misused to "prove" cases. In the case of Bendectin, there was no conclusive medical evidence proving that the drug caused birth defects. Rather, there was a statistical association between the use of the drug and birth defects. Does this prove that Bendectin causes birth defects?

It might or it might not. The field of epidemiology attempts to answer the question by eliminating other possible explanations for the association. Various techniques of epidemiology include blind (or double-blind) testing, data analysis, and so on.

Foster and Huber demonstrate that the scientific techniques are not entirely conducive with the standards of modern litigation. For example, scientists generally do not speak of "proving" an assertion; rather, they "falsify" it. That is, they attempt to disprove it -- it is usually easier to show that something is not true, since you only need to find one example. When an assertion has withstood repeated attempts to falsify it, it becomes generally accepted.

This has important ramifications for litigation, however. Litigation -- particularly mass torts -- requires a "yes" or "no" answer: in the scientific opinion of the expert witness, does Bendectin cause birth defects? The expert will of course have explained his or her analysis, but in the end, that analysis must be boiled down into a yes or no answer, regardless of the suitability of such an intellectual liposuction.

In summary, this is a fascinating book if you are interested in these sorts of issues. Although the book covers science and scientific inquiry, it does not require a significant amount of scientific knowledge.
Judging Science: Scientific Knowledge and the Federal Courts
Average customer rating: Not rated
    Judging Science: Scientific Knowledge and the Federal Courts
    Kenneth R. & Huber, Peter W Foster
    Manufacturer: Cambridge, MA 1998.
    ProductGroup: Book
    Binding: Hardcover
    ASIN: B000MA8WCQ
    Judging Science : Scientific Knowledge and the Federal Courts
    Average customer rating: Not rated
      Judging Science : Scientific Knowledge and the Federal Courts
      Kenneth R./ Huber Foster
      Manufacturer: The MIT Press
      ProductGroup: Book
      Binding: Paperback
      ASIN: B000OQOWHC
      Judging Science: Scientific Knowledge and the Federal Courts
      Average customer rating: Not rated
        Judging Science: Scientific Knowledge and the Federal Courts
        Kenneth R.; Huber, Peter W. Foster
        Manufacturer: The MIT Press
        ProductGroup: Book
        Binding: Paperback
        ASIN: B000OQB6L2

        Soil Fertility and Fertilizers: An Introduction to Nutrient Management (6th Edition)
        Average customer rating: 2.5 out of 5 stars
        • This edition has been dumbed down.
        • screening of salt tolerant and drought resistant plants
        Soil Fertility and Fertilizers: An Introduction to Nutrient Management (6th Edition)
        John L. Havlin , Samuel L. Tisdale , Werner L. Nelson , and James D. Beaton
        Manufacturer: Prentice Hall
        ProductGroup: Book
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        Long regarded as the leading book in the field, this volume provides a basic introduction to the biological, chemical, and physical properties affecting soil fertility and plant nutrition. It covers all aspects of nutrient management for profitable crop production, with particular attention to minimizing the environmental impact of soil and fertilizer management. The Sixth Edition has been substantially revised to reflect rapidly advancing knowledge and technologies in both plant nutrition and nutrient management.

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        1 out of 5 stars This edition has been dumbed down........2007-04-27

        This edition is not as advanced or complete as earlier versions. If you did want to explore a the subject more completely you are at a disadvantage with this version, the references to the original work that were at the end of each chapter in previous versions have been removed.

        4 out of 5 stars screening of salt tolerant and drought resistant plants.......2000-04-23

        This research aimed to screening of salt and drought resistant plant in saudi arabia to evaluate the effect of water of differant salinities and drought (irrigation intervals)on plant growth and performance in a sandy soil
        Forages, Volume 1: An Introduction to Grassland Agriculture
        Average customer rating: 5 out of 5 stars
        • An exhaustive educational resource
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        5 out of 5 stars An exhaustive educational resource.......2003-03-10

        Now in an updated sixth edition, Forages: An Introduction To Grassland Agriculture is an exhaustive educational resource concerning the science of forages and grasslands, and using them in agriculture without destroying them. Collaboratively compiled and edited by Robert F. Barnes, C. Jerry Nelson, Michael Collins, and Kenneth J. Moore, Forages benefits from twenty-four contributors who combine their scientific perspectives in this informed and informative resource concerning nutrient management, grassland ecosystems, seed production, grazing management and much more. Forages is a welcome and highly recommended contribution to Agricultural Science reference collections and curriculum texts.
        The Jade Garden: New and Notable Plants from Asia
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          Peter Wharton , Brent Hine , and Douglas Justice
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          The Jade Garden is an authoritative guide to 130 of the most fascinating yet little-known ornamental trees, shrubs, and perennials from "the green mantle" of Asia. Based on detailed research and observation at one of the largest and oldest collections of Asian plants in North America, the subjects of this book were chosen for their superior garden qualities, their rarity in everyday horticulture, and their commercial availability. From an extraordinary, nearly black geranium with reflexed petals, to a ground-creeping honeysuckle with bicolored flowers and blue berries, gardeners are sure to find something new and exciting in these pages. Although plants included are from the "cutting edge" of plant exploration and discovery, the authors have included only those selections that have undergone thorough evaluation at the University of British Columbia Botanical Garden for hardiness and garden appeal. In addition, the authors have taken special care to exclude potentially invasive plants, allowing readers to be confident that any selection from the book will be an environmentally responsible one. With many of its plants appearing in a garden book for the first time, The Jade Garden is certain to be a groundbreaking horticultural event.
          Introduction to Fruit Crops (Crop Science)
          Average customer rating: 3 out of 5 stars
          • The textbook or instructors manual?
          • great reference as well as easy to read
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          Mark, Ph.D. Rieger
          Manufacturer: Food Products Press
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          Introduction to Fruit Crops is a comprehensive, easy-to-use illustrated reference that provides essential facts on the world's top fruit crops. Each fruit is clearly reviewed through its taxonomy, origin, history of cultivation, production, botanical description, optimum soil and climate, harvesting, and post-harvest handling. This introductory textbook includes detailed references and reading lists, and is perfect for university libraries, plant science teachers and students, and avid gardeners. The presentation of information in this book is uniform from crop to crop, unlike books that have chapters contributed by various authors with various styles.

          Introduction to Fruit Crops is formatted for rapid retrieval of essential facts, such as fruit type, scientific name, production data, nutrient content, major diseases, and more, making your search for specific information extremely quick and easy.

          Pomology, the branch of botany that studies the cultivation of fruits, has particular features not found in the studies of other cultivated crops. Introduction to Fruit Crops takes these unique pomological concepts and important facts about the most cultivated fruits of the world and presents them in a consistent format that is readily accessible to beginning students and professionals in the plant or agriculture sciences. Preventative measures from pests and diseases and practical cultivation strategies are explored to explain how to best encourage maximum yield for each crop. Tables, graphs, and a multitude of photographs assist readers to completely understand crucial information and the stages of fruit growth for each crop.

          Introduction to Fruit Crops includes information on:

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          food uses Introduction to Fruit Crops gives an extensive, easily understandable overview of the processes for growing healthy fruit in today's world. This reference book includes a detailed appendix explaining common names, scientific names, and families of fruit crops, and an appendix presenting conversion factors used in the text. A helpful glossary clearly describes terms used in fruit crop study.

          Customer Reviews:

          1 out of 5 stars The textbook or instructors manual?.......2007-03-09

          I ordered this item believing it was the textbook. However, this item turned out to be the instructors manual. Not clearly marked in the description.

          5 out of 5 stars great reference as well as easy to read.......2007-01-13

          This book works great for a college-level fruit production course, but is also written in a format any enthusiast of growing fruit crops could understand. In addition to general growing techniques, major crops from around the world are described in further detail with regard to their specific production. Additional information on the history of the crops and other non-food uses adds to the enjoyment of learning about the various fruit crops.
          Introduction to Mathematical Modeling of Crop Growth: How the Equations Are Derived And Assembled into a Computer Program
          Average customer rating: Not rated
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            Plant Science: An Introduction to World Crops
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              Introduction to Plant Science: Revised Edition
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                Average customer rating: Not rated
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                  Average customer rating: Not rated
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                    R. F. Lee , P. S. Baker , and M. A. Roche-Pena
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                    Color Atlas of Post-Harvest Diseases and Disorders of Fruits and Vegetables: General Introduction and Fruits (Colour Atlas of Post-Harvest Diseases & Disorders)
                    Average customer rating: 4 out of 5 stars
                    • Serious, practical and easy to find information
                    Color Atlas of Post-Harvest Diseases and Disorders of Fruits and Vegetables: General Introduction and Fruits (Colour Atlas of Post-Harvest Diseases & Disorders)
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                    4 out of 5 stars Serious, practical and easy to find information.......1999-07-08

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                    3. Occupational Health and Safety in the Care and Use of Nonhuman Primates: Nonhuman Primates
                    4. Plant Secondary Metabolism
                    5. The Data Modeling Handbook : A Best-Practice Approach to Building Quality Data Models
                    6. The Toyota Product Development System: Integrating People, Process And Technology
                    7. The Man on the Balcony
                    8. Architect's Essentials of Presentation Skills
                    9. The Architecture of McKim, Mead & White in Photographs, Plans and Elevations
                    10. Super Duck: A True Story