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21. The Journal of Philosophy, Science & Law: Volume > 16 > Issue: 1
Clifton Perry Different Mistakes in the Law and the Difference They Make
22. The Journal of Philosophy, Science & Law: Volume > 16 > Issue: 2
Sarah Lucy Cooper Forensic Science Identification Evidence: Tensions Between Law and Science
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For decades, courtrooms around the world have admitted evidence from forensic science analysts, such as fingerprint, tool-mark and bite-mark examiners, in order to solve crimes. Scientific progress, however, has led to significant criticism of the ability of such disciplines to engage in individualization i.e., “match” suspects exclusively to evidence. Despite this, American courts largely reject legal challenges based on arguments that identification evidence provided by these forensic science disciplines is unreliable. In so holding, these courts affirm precedent that it is the adversarial system’s function to weed out frailties in forensic evidence, and find that criticism of the forensic sciences lacks sui generis qualities. This article provides an independent critique of relevant American case law, from which three themes emerge. These themes are (1) the law’s misuse of science; (2) law’s scepticism towards change; and (3) law’s narrow construction of rationality, which generates reductionist concepts, and divorces science from its social context. As such, this article shows how the American judiciary’s approach to this global issue provides a contemporary illustration of key institutional tensions between science and law, and offers some recommendations for reforms that aim to facilitate the legal process to utilize the most reliable forensic science evidence possible.
23. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 1
Michelle R. Detwiler Balancing Scientific Freedom and National Security after September 11th
24. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 2
Bryn Williams-Jones Commercial Surrogacy and the Redefinition of Motherhood
25. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 3
Brent Garland Bioethics and Bioterrorism
26. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 4
Richard Haigh, Mirko Bagaric Immortality and Sentencing Law
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The time may not be far away where we may be able to live much longer than we do now – potentially forever. This will have an enormous impact on the way people live their lives as the underlying premise that life is finite underpins many of the central decisions and life choices we make. This paper outlines some philosophical and legal doctrines that are based on the premise that life is finite and some of the changes that may need to occur in light of medical advances in ageing. In particular, it focuses on the changes to sentencing law that may be necessary to accommodate increased human longevity. For the skeptics who refuse to accept the concept of immortality, the arguments presented do not depend on living forever. Some of the issues discussed here are also relevant, albeit in an attenuated manner, because of increases in human longevity that have occurred in the last 100 years.Babies born 30 years hence may grow up with such perfect cellular maintenance that they will never age, dying only by accident or choice. Will we get the benefits of these discoveries? Maybe not – we might be, sadly, the last mortal generation. But who knows – if we can keep ourselves alive and healthy, maybe some of these treatments will be retrofitted into our ailing bodies and make us new again.... If you are lucky you may see 3000, or even live indefinitely. We need to discuss, well ahead of time, whether that would be desirable. Me, I’m voting for life over death.
27. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 5
Susanne B. Haga, Joann A. Boughman Are Health Professionals Prepared for the Task of Integrating Genetics into Healthcare?: A National Conference Considers the Question
28. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 5
Norman K. Swazo For “Just Results”: Questioning National Missile Defense Research in Alaska
29. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 6
Kimarie R. Stratos David Guston’s Between Politics and Science: Assuring the Integrity and Productivity of Research
30. The Journal of Philosophy, Science & Law: Volume > 2 > Issue: 7
Jennifer Douglas-Vidas, Marsha E. Reichman What Role Should Rules, Guidelines, and Education Play in the Responsible Conduct of Research?: A National Conference Addresses the Issue
31. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 1
David B. Resnik A Biotechnology Patent Pool: An Idea Whose Time Has Come?
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This paper discusses the idea of forming a patent pool in order to address some of the licensing problems in the biotechnology industry. The pool would be an independent, non-profit corporation that would manage patents and have the authority to grant licenses. The patent pool would not be a purely altruistic venture, since it would charge licensing fees. The pool would charge the market price for licensing services and reimburse patent holders for licensing activities. The pool would also provide patent holders with a minimum income based on a percentage of royalties generated from the pool. The pool would include patents on a variety of materials and methods that play an important role in biotechnology. It would also be international in scope, with the power to grant licenses in different countries.
32. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 1
Doug Jesseph James Franklin’s The Science of Conjecture: Evidence and Probability before Pascal
33. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 2
William J. FitzPatrick, Lee L. Zwanziger Defending Against Biochemical Warfare: Ethical Issues Involving the Coercive Use of Investigational Drugs and Biologics in the Military
34. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 2
Avner Levin The Problem of Observation
35. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 3
Anne-Taylor Cahill Embyronic Stem Cells: Science Ethics and Public Policy: Conference Report
36. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 4
Bill Shields A Response to Avner Levin’s “The Problem of Observation”
37. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 6
Philip M. Rosoff, Melanie L. Katsur Preserving Fertility In Young Cancer Patients: A Medical, Ethical And Legal Challenge
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Modern cancer treatment, while often producing lifelong cures, can also result in permanent damage to many organ systems. Although more than 70% of children and young adults can be cured of their cancers, infertility, which frequently accompanies curative therapies for many common types of cancer, is one of the most devastating long-term complications. In this paper we discuss the medical, legal, and ethical ramifications of attempting to prevent this side effect and present some of the challenges that remain.
38. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 6
Brian M. O'Connell Ethical and Social Issues in Engineering and Computing: The Spring Regional Meeting of the IEEE Society on Social Implications of Technology
39. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 7
Susan Haack truth, truths, "truth", and "truths" in the law
40. The Journal of Philosophy, Science & Law: Volume > 3 > Issue: 8
Barbara A. Noah Life, Death, and Politics: The Long Good-bye