Legal Alchemy : The Use and Misuse of Science in the Law

by Faigman, David L.

• ISBN13: 9780716741695
• ISBN10: 0716741695
• Format: Paperback
• Copyright: 2000-10-15
• Publisher: W. H. Freeman

Summary

Is scientific information misused by this country's court system and lawmakers? Today more than ever before, lawyers, politicians, and government administrators are forced to wrestle with scientific research and to employ scientific thinking. The results are often less than enlightened. In Legal Alchemy , David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. Praised by both legal and scientific communities when it first appeared in hardcover, Legal Alchemy shows how science has been used and misused in a variety of settings, including The Courtroom-from the O. J. Simpson trial to the Dow Corning silicone breast implant lawsuit to landmark cases such as Roe v. Wade. The Legislature-where Congress uses scientific information to help enact legislation about clean air, cloning, and government science projects like the space station and the superconducting super collider. Government Agencies-who use science to determine policy on a variety of topics, from regulating sport utility vehicles to reintroducing gray wolves to Yellowstone National Park. As Faigman describes these and other important cases, he provides disturbing evidence that many judges, juries, and members of Congress simply don't understand the science behind their decisions. Finally, he offers suggestions on how the science and legal professions can overcome their miscommunication and work together more effectively.

Author Biography

David L. Faigman is a Professor of Law at the University of California, Hastings College of the Law. He writes extensively on topics concerning the law’s use of science and is a co-author of the leading treatise Modern Scientific Evidence: The Law and Science of Expert Testimony, which has been cited several times by the United States Supreme Court. He is regularly interviewed regarding issues of scientific evidence and constitutional law.

Table of Contents

Preface	ix
From the Dark Ages to the New Age
The Strange History of Science in the Law	1	(38)
An Overview
How Law and Science Meet---From Courts to Congress	39	(19)
The Gatekeepers
Scientific Expert Testimony in The Trial Process	58	(32)
It Is So, If the Supreme Court Think So
The Supreme Court's Use of Science in Constitutional Interpretation	90	(32)
It's Not Just a Bad Idea, It's The Law
Science in the Legislative Process	122	(31)
Rarely Pure, Never Simple
Science in the Federal Bureaucracy	153	(37)
No Crystal Balls, Please
What the Future Holds for Science in the Law	190	(15)
Notes	205	(18)
Index	223