452 Book Reviews Rhetoric Buoyed by the Support of Violent Youth Groups, Both Significant Components of the Fascist Push For
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Birth Defects Blamed on Unapproved Morning Sickness Treatment 2014
1 1 2 Birth defects blamed on unapproved morning sickness treatment 2014 ...................... 4 Canadian women with severe morning sickness are being prescribed a powerful anti-nausea drug that is suspected of birth defects, side-effect reports show severe risk of birth defects. .... 4 Thalidomide 1960s - 70s ....................................................................................................................... 8 Thalidomide: The Tragedy of Birth Defects and the Effective Treatment of Disease .................... 10 Abstract .................................................................................................................................................. 10 WINDOWS OF EXPOSURE AND DOSE .......................................................................................... 13 MECHANISMS OF ACTION .............................................................................................................. 14 THE CONTINUED USE OF THALIDOMIDE .................................................................................. 16 CURRENT AND FUTURE CHALLENGES ....................................................................................... 19 References ............................................................................................................................................. 20 SHADOW OF DOUBT WIPES OUT BENDECTIN 1980s .................................................................. 27 Bendectin and birth defects: I. A meta-analysis of the epidemiologic studies ............................... -
The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Oklahoma College of Law Oklahoma Law Review Volume 71 Number 3 2019 The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials Jim Hilbert Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Courts Commons, and the Criminal Law Commons Recommended Citation Jim Hilbert, The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials, 71 OKLA. L. REV. 759 (2019), https://digitalcommons.law.ou.edu/olr/vol71/iss3/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. THE DISAPPOINTING HISTORY OF SCIENCE IN THE COURTROOM: FRYE, DAUBERT, AND THE ONGOING CRISIS OF “JUNK SCIENCE” IN CRIMINAL TRIALS JIM HILBERT* Introduction Twenty-five years ago, the Supreme Court decided one of the most important cases concerning the use of science in courtrooms.1 In Daubert v. Merrell Dow Pharmaceuticals,2 the Court addressed widespread concerns that courts were admitting unreliable scientific evidence.3 In addition, lower courts lacked clarity on the status of the previous landmark * Jim Hilbert is an Associate Professor of Law at Mitchell Hamline School of Law and Co-Director of the Expert Witness Training Academy, which trains climate scientists through a grant from the National Science Foundation. -
452 Book Reviews Rhetoric Buoyed by the Support of Violent Youth Groups
452 Book Reviews rhetoric buoyed by the support of violent youth groups, both significant components of the fascist push for national rejuvenation. Negative measures like sterilisation – so popular in other countries at the time – were overlooked in favour of positive racial hygiene that placed ‘physical education on a par with academic training’ and encouraged citizens to start ‘large, “valuable” families’ (p. 213). In accordance with Self-Help’s Third Reich benefactors, the exclusion of Jewish people was a ‘practical benchmark towards re-homogenising the Saxon national body and Lebensraum’. Elsewhere, in a remarkable example of how eugenic racism became part of Saxon society, we hear the story of a German ‘girl’ who ‘had obligations to her nation that went beyond her personal happiness. While she was free to marry whom she desired, the national community reserved the right to exclude her for abandoning her heritage’ (p. 111). As the study ends in the 1940s before eugenics was widely discredited, Saxon eugenic discourse moved from what was once passive education to totalitarian influence, as one eugenicist concluded ‘the individual’s health is no longer his private matter; [::: ] the right of a person to his own body is surpassed by the nation’s right over it’ (p. 253). This study provides a fascinating insight into the existential struggles of an ethnic minority trying to make sense of the unpredictable challenges of the post-war climate after the First World War. The modernist desire for national rebirth was shared in other countries (and in other manifestations within Romania itself), yet Georgescu brilliantly tells the story of the changing nature of Saxon identity, which was consumed by the need to build a Eugenic Fortress. -
Petition Without Prejudice: Against the Fraud Exception to Noerr-Pennington Immunity from the Toxic Tort Perspective
SABOVICH-FINAL FORMATTED.DOC 10/30/2008 4:37:36 PM Petition Without Prejudice: Against the Fraud Exception to Noerr-Pennington Immunity from the Toxic Tort Perspective James M. Sabovich* I. Introduction By prohibiting laws “abridging the right of the people . to petition the government for redress of grievances,” the petition clause of the First Amendment of the United States Constitution gives safe harbor to all genuine efforts to influence government decisions.1 Those words forbid the government from outlawing or punishing its citizens’ petitions, so while the government may reject a petitioner’s argument, it may never sanction him for making it. Under the Noerr-Pennington doctrine,2 the petition clause also forecloses private parties from invoking the government’s coercive power to do the same through the tort system. The Noerr-Pennington doctrine accomplishes this by stating generally that one cannot be held civilly liable for genuine attempts to influence government action. Similar protections are also afforded in most states * The author received his J.D. from UCLA in 2001. He is currently a senior associate in Gibson, Dunn & Crutcher, LLP’s Environmental and Natural Resources Practice Group, where he has worked on multiple large toxic torts, other assorted environmental litigations and corporate transactions with environmental components. He became interested in the intersection of the First Amendment petition clause with toxic torts after both defending a lobbyist and opposing efforts to predicate punitive damages on a defendant’s historical petitioning activities. This article was only possible with the loving tolerance of my wife, Georgia Sabovich, and with the support and guidance of other attorneys within my practice group. -
Making Headlines
O Magazine&G Vol 18 No 1 Autumn 2016 Making headlines The Royal Australian and New Zealand College of Obstetricians and Gynaecologists Confi dence that lasts* * Approved for up to 5 years’ continuous use with over 99% contraceptive effi cacy1 Start a conversation... MIRENA® Minimum Product Information Mirena®, levonorgestrel 52 mg, intrauterine drug delivery system. Indications: Contraception, idiopathic menorrhagia and prevention of endometrial hyperplasia during oestrogen replacement therapy. Contraindications: Known/suspected pregnancy; current or recurrent pelvic infl ammatory disease; lower genital tract infection; postpartum endometritis; infected abortion during the past three months; cervicitis; cervical dysplasia; uterine or cervical malignancy; progestogen-dependent tumours; undiagnosed abnormal uterine bleeding; congenital or acquired uterine anomaly including fi broids if they distort the uterine cavity; conditions associated with increased infection susceptibility; acute liver disease/ tumour; hypersensitivity to the constituents. Precautions: migraine; exceptionally severe headache; jaundice; marked increase in blood pressure; severe arterial disease; young nulligravid women; post-menopausal women with advanced uterine atrophy; thrombosis; breast cancer; congenital or valvular heart disease; diabetes; pelvic infections; expulsion; uterine perforation; ectopic pregnancy; sexually transmitted diseases; lost threads; delayed follicular atresia. Adverse effects: headache; abdominal/pelvic pain; changes in menstrual bleeding; vulvovaginitis; -
Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials Jim Hilbert Mitchell Hamline School of Law, [email protected]
Mitchell Hamline School of Law Masthead Logo Mitchell Hamline Open Access Faculty Scholarship 2019 The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials Jim Hilbert Mitchell Hamline School of Law, [email protected] Publication Information 71 Oklahoma Law Review 759 (2019) Repository Citation Hilbert, Jim, "The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials" (2019). Faculty Scholarship. 460. https://open.mitchellhamline.edu/facsch/460 This Article is brought to you for free and open access by Mitchell Hamline Footer Logo Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. The Disappointing History of Science in the Courtroom: Frye, Daubert, and the Ongoing Crisis of “Junk Science” in Criminal Trials Abstract Twenty-five years ago, the Supreme Court decided one of the most important cases concerning the use of science in courtrooms. In Daubert v. Merrell Dow Pharmaceuticals , the Court addressed widespread concerns that courts were admitting unreliable scientific ve idence. In addition, lower courts lacked clarity on the status of the previous landmark case for courtroom science, Frye v. United States. In the years leading up to the Daubert decision, policy-makers and legal observers sounded the alarm about the rise in the use of "junk science" by so-called expert witnesses. Some critics went so far as to suggest that American businesses and the viability of the court system itself were at stake. -
Drugs During Pregnancy
Nebraska Law Review Volume 62 | Issue 3 Article 4 1983 Drugs during Pregnancy: Dangerous Business—The onC tinued Movement to Provide Adequate Warnings for the Consumer David DeTar Newbert University of Nebraska College of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation David DeTar Newbert, Drugs during Pregnancy: Dangerous Business—The Continued Movement to Provide Adequate Warnings for the Consumer, 62 Neb. L. Rev. (1983) Available at: https://digitalcommons.unl.edu/nlr/vol62/iss3/4 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Comment Drugs During Pregnancy: Dangerous Business-The Continued Movement to Provide Adequate Warnings for the Consumer [The child] was born on June 9, 1979 with birth defects in both arms and both legs. [Her] right arm is totally missing. Her left arm consists of a single short segment of bone which tapers to a point. [Her] right leg con- sists of an appendage less than one centimeter long which she can move voluntarily. 1 1. Description of Anne Elisabeth Koller, a plaintiff in the controversial Bendec- tin suit against Richardson-Merrell, Inc. Plaintiffs Memorandum of Law in Opposition to Motion for Summary Judgment on the Issue of Causation at 8, Koller v. Richardson-Merrell, Inc., No. 80-1258 (D.D.C. Dec., 1982). Bendectin is a prescription drug manufactured by Richardson-Merrell, Inc. and sold in the United States for the alleviation of nausea and vomiting during preg- nancy. -
LIFE AFTER the SCANDAL: Thalidomide, Family, And
LIFE AFTER THE SCANDAL: Thalidomide, Family, and Rehabilitation in Modern Canada, 1958-1990 By Christine Anna Chisholm, BA (Hons), MA A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History Carleton University Ottawa, ON © 2019, Christine Chisholm Abstract In the late 1950s and early 1960s, the drug thalidomide was prescribed to pregnant women around the world as a sedative to combat morning sickness. Instead of being “completely safe,” as advertisements had promised, thalidomide caused “deformities” in children born to mothers who took the drug. In Canada thalidomide was licensed for prescription use on April 1, 1961 and remained on the market until the spring of 1962, despite knowledge of the possible connection between the medication and birth defects in newborns. This dissertation focuses on thalidomers’ lives after the scandal. It argues that in Canada, thalidomiders’ experiences in the aftermath of the tragedy demonstrate that their disabled bodies remained political and public bodies, even in the most intimate and private aspects of their lives. Drawing on disability history and medical history, this dissertation extends the approach of patient histories to include thalidomiders’ social lives and disability as a lived experience. Because disability is always political, this case study of thalidomiders in Canada builds on the feminist critique of a public/private dichotomy and suggests that people living with disabilities do not simply blur but always transgress the public/private divide. Through an examination of rehabilitation, school, families, sexuality and reproduction, this dissertation demonstrates that thalidomiders’ lives were political as they, both inadvertently and intentionally, confronted notions of normality and engendered the limits of socially-prescribed norms. -
THALIDOMIDE and CONGENITAL ABNORMALITIES and Type of Health Care and Hospital Facilities Were Determined for Each State in the Nation
THALIDOMIDE AND CONGENITAL ABNORMALITIES and type of health care and hospital facilities were determined for each state in the nation. For the first time in many areas, hospital licensure laws were cre- Thalidomide and Congenital ated and implemented. Hospital construction plans Abnormalities were created and approved by the U.S. Public Health Service, and local communities were able to receive large-scale funding in order to construct clinics, health Letter centers, and hospitals. This was of great benefit to the By: W. G. McBride poorest and most rural areas, which typically had no health care whatsoever. Although most of the con- Date: December 16, 1961 struction was for general health care facilities, increas- Source: McBride, W. G. ‘‘Thalidomide and Congenital ing attention was also paid to specialized facilities for Abnormalities.’’ Letter to the Editor. The Lancet 2 tuberculosis, psychiatric and chronic illness units in (December 16, 1961): 1358. general hospital facilities, as well as development of rural and public health centers. Between 1947 and About the Author: Born in Sydney, Australia, in 1927, 1975, the last year in which Hill-Burton monies were gynecologist and obstetrician William G. McBride expended, 6,900 hospitals received funding. By the brought the link between the drug thalidomide and middle of the 1970s, the nationwide average for com- birth defects to the attention of the medical world. In munity hospital beds had risen from fewer than 3 per 1962, he was designated ‘‘Australian of the Year’’ for thousand people to 4.5 per thousand. For the first this achievement. Other honors followed and he used time, many rural areas had access to health care and some of his prize money to set up Foundation 41, a hospital facilities. -
Proving Causation: the Olih Sm of Warrant and the Atomism of Daubert Susan Haack University of Miami School of Law, [email protected]
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2008 Proving Causation: The oliH sm of Warrant and the Atomism of Daubert Susan Haack University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Evidence Commons Recommended Citation Susan Haack, Proving Causation: The Holism of Warrant and the Atomism of Daubert, 4 J. Health & Biomed. L. 253 (2008). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. Journal of Health & Biomedical Law, IV (2008): 253-289 C 2008 Journal of Health & Biomedical Law Suffolk Universitv Law School Proving Causation: The Holism of Warrant and the Atomism of Dauberi Susan Haack' The Consiience of Inductions takes place when an Induction, obtained from one class of facts, coincides with an Induction, obtained from a different class. This Consilience is a test of the truth of the Theory in which it occurs. - William Whewel 3 As my title indicates, this article focuses on causation evidence in toxic-tort litigation; and as my sub-tile suggests, it makes two main arguments, the first epistemological and the second legal. The epistemological argument is that, under certain conditions, a congeries of evidence warrants a conclusion to a higher degree than any of its components alone would do; the legal argument, interlocking with this, is that our evidence law imposes a kind of atomism than can actually impede the process of arriving at the conclusion most warranted by the evidence - the effects of which have been especially salient to causation evidence in toxic-tort cases. -
Fraud, Errors and Gamesmanship in Experimental Toxicologyଝ
Toxicology 202 (2004) 1–20 Fraud, errors and gamesmanship in experimental toxicologyଝ Iain F.H. Purchase∗ University of Manchester, Oxford Road, Manchester M13 9PT, UK Available online 3 August 2004 Abstract We expect moral behaviour from scientists. Morality implies being a good person and being good at one’s profession. The general view appears to be that the vast majority of scientists aim to achieve these high standards. Science prides itself on the ‘self-correcting’ mechanism in the scientific method, namely the requirement to reproduce findings before they are taken seriously. However, when findings are related to the adverse effects of chemicals there are several features that make this less effective than in some other fields of science. First, is the perception that everyone is exposed to chemicals and observations about chemical danger are immediately applicable to many people. Second, it is often easy to summarize adverse findings in attention-getting headlines seen by the lay public before the slow process of replication and interpretation has time to work. Third, most regulatory toxicology studies on a particular compound are only done once to minimise cost and the use of ani- mals. Finally, the question posed about chemicals – are they safe? – is easy to ask but more difficult to test with appropriate studies. Fabrication of data in regulatory studies was found to occur in several contract laboratories in the 1960s and this lead directly to the introduction of Good Laboratory Practice regulations. Now studies submitted for regulatory purposes must comply with GLP regulations and this has virtually eliminated flawed studies due to fraudulent or careless behaviour.