Boston College Law Review Volume 61 Issue 6 Article 5 6-26-2020 Industry-Influenced vidence:E Bias, Conflict, and Manipulation in Scientific videnceE Dean A. Elwell Boston College Law School,
[email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/bclr Part of the Courts Commons, Evidence Commons, and the Supreme Court of the United States Commons Recommended Citation Dean A. Elwell, Industry-Influenced vidence:E Bias, Conflict, and Manipulation in Scientificvidence E , 61 B.C.L. Rev. 2155 (2020), https://lawdigitalcommons.bc.edu/bclr/vol61/iss6/5 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. INDUSTRY-INFLUENCED EVIDENCE: BIAS, CONFLICT, AND MANIPULATION IN SCIENTIFIC EVIDENCE Abstract: In 2008, in Exxon Shipping Co. v. Baker, the U.S. Supreme Court re- fused to consider scientific studies that a litigant had funded. Despite this rejection, many courts have failed even to recognize the dangers of relying on such potential- ly biased research. As a result, standards for the admission of scientific evidence have evolved without accounting for the risks posed by industry-influenced evi- dence. This Note argues for meaningful admissibility reviews via mandatory dis- closure of industry influence. In this context, the evidentiary fraud doctrine should guide applications of Frye v. United States and Daubert v. Merrell Dow Pharma- ceuticals, Inc.