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[Detroit 9/13 and 9/14]
Author: Lisa Salberg (---.dyn.optonline.net)
Date: 09-07-02 21:46
This is a legal conference on matters effecting those with medical conditions and how the law uses liturature to prove and disprove malpractice.
This has nothing to do with HCM,...specificly, it does speak to the bigger picture of how patients get care and how the courts evaluate that care.
I was asked to present the "patients" view and will be doing so.
If you live in the area you are welcome to attend the conference, it is free.
Best to all!
Lisa
WHAT: An Interdisciplinary Conference
SUBJECT: The Supreme Court’s Ruling in Daubert:
A Cure for “Junk Science” or
A Threat to the Environment, Minority Rights and Health Care?
WHERE: The Spencer Partrich Auditorium
Wayne State University Law School
Detroit, Michigan
WHEN: September 13, 2002 - 9:00 a.m. - 5:00 p.m.
September 14, 2002 - 9:00 a.m. - 12:30 p.m.
SPONSORS: WSU Philosophy Dept., WSU Law Student Bd. of Gov, NewLawyerSeminars.com
SPEAKERS:
Philosophers
Dr. Susan Haack - University of Miami
Dr. Carl Cranor - University of California-Riverside
Dr. Bruce Russell - Wayne State University
Dr. Susan Vineberg - Wayne State University
Dr. Lawrence B. Lombard - Wayne State University
Judge
The Honorable Avern Cohn
U.S. District Court, Eastern District of Michigan
Legal Scholars
Professor Richard Lempert - National Science Foundation
- University of Michigan Law School
- University of Michigan Sociology Dept.
Professor Robert Sedler- Wayne State University Law School
Professor David Moran- Wayne State University Law School
Attorneys
Adele Rapport - EEOC - Detroit, MI
Gary Rogers - State Appellate Defenders Office - Detroit, MI
Cyril McIlhargie - Corboy, Demetrio - Chicago, IL
Lee Tilson - Sommers Schwartz - Southfield, MI
Carolyn Raffensperger - Science and Environ. Health Network - Ames, IA
Advocate
Lisa Salberg - Hypertrophic Cardiomyopathy Assn. - Rockaway, NJ
Elmer Cerano - Michigan Protection and Advocacy - Lansing, MI
Andrew Comai - United Auto Workers - Detroit, MI
For Information contact: Lee Tilson - (313) 550-7500 - [email protected]
Good or Junk Science: Can Courts Tell the Difference?
What is good science? Recent precedent requires Federal Judges to address this question daily. The answers affect our legal rights, workplace safety standards, the air we breathe, the water we drink, and the medical care our families receive.
In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the U.S. Supreme Court required judges to assess “scientific valid[ity]” of the “reasoning or methodology underlying [proposed scientific] testimony.” The opinion relies heavily on Hempel and Popper’s philosophies of science.
Supposed to keep “junk science” our of the courtroom, the ruling has been used to:
Abolish ergonomic rules established to prevent workplace injuries.
Bar testimony of vocational counselors in disability discrimination cases because they rely on unpublished data about available jobs.
Bar statistical analysis in some age and race discrimination cases.
Critics of the Daubert decision - which had its political origin in the Report of the Competitiveness Committee led by Dan Quayle and Ken Starr - contend that it:
Is unfair to injured plaintiffs and criminal defendants.
Corrupts scientific literature.
Serves neither justice nor truth.
On September 13 and 14, Wayne State University Law School hosts a groundbreaking conference of philosophers, legal scholars, judges, lawyers, and activists to address these issues.
For information contact: Lee Tilson - (313) 550-7500 - [email protected]
The conference is free and open to the public.
SCHEDULE - SEPTEMBER 13, 2002
9:00 a.m. Daubert’s Ancestors Cyril McIlhargie - Corboy, Demetrio
Chicago, IL
9:45 a.m. How Daubert is Being Used Lee Tilson - Sommers, Schwartz Southfield, MI
10:30 a.m. BREAK
10:45 a.m. Do we need Daubert? Other Safeguards of Fairness in the Legal System
The Honorable Avern Cohn
U.S. District Court Eastern Dist. of Michigan
11:15 a.m. Panel Discussion: The Philosophical Underpinnings of Daubert
Dr. Susan Haack - University of Miami Miami, FL Dr. Bruce Russell - WSU Philos. Dept. Detroit, MI
12:00 p.m. LUNCH
1:00 p.m. Is Daubert’s Reliance on Peer Reviewed Literature Misplaced? Lisa Salberg, Hypertrophic Cardiomyopathy AssociationRockaway, NJ
1:30 p.m. -
3:00 p.m. Inference to the Best Explanation and Toxic Torts Moderator: Dr. Lawrence B. Lombard WSU Philosophy Department
1:30 p.m. Scientific Evidence and the Daubert Decision Dr. Susan Vineberg - WSU Phil. Dept Detroit, MI
2:15 p.m. Risking Truth and Justice: Scientific Evidence Post Daubert
Dr. Carl Cranor - Phil. Dept., U of Cal Riverside, CA
3:00 p.m. BREAK
3:15 p.m. Does Daubert Infringe on the Seventh Amendment Right to a Trial by Jury?Professor Richard Lempert Nat’l Science Foundation - Arlington, VA University of Michigan - Ann Arbor, MI
3:45 p.m. Daubert and the Americans with Disabilities Act Adele Rapport - EEO Detroit, MI
4:15 p.m. Daubert and the Criminal Law Introduction: Professor David Moran WSU Law School - Detroit, MI Speech: Gary Rogers State Appellate Defenders Office Detroit, MI
SCHEDULE - SEPTEMBER 14, 2002
9:00 a.m. Daubert and The Precautionary Principle Carolyn Raffensperge Science and Environmental Health NetworkAmes, IA
9:45 a.m. Daubert Corrupts the Medical Literature: Fallacies that Asphyxiate Babies and Cause Cerebral Palsy
LeeTilson - Sommers SchwartzSouthfield, MICounterpoint from an Obstetrician (Invitations extended)
10:30 a.m. Does Daubert Cause Workplace Injuries?
Andrew Comai – UAW, Health & Safety Dept.Detroit, MI
11:15 a.m. Roundtable DiscussionRobert Sedler - WSU Law SchoolElmer Cerano - MI Protection and Advocacy
12:00 p.m. END
Author: Lisa Salberg (---.dyn.optonline.net)
Date: 09-07-02 21:46
This is a legal conference on matters effecting those with medical conditions and how the law uses liturature to prove and disprove malpractice.
This has nothing to do with HCM,...specificly, it does speak to the bigger picture of how patients get care and how the courts evaluate that care.
I was asked to present the "patients" view and will be doing so.
If you live in the area you are welcome to attend the conference, it is free.
Best to all!
Lisa
WHAT: An Interdisciplinary Conference
SUBJECT: The Supreme Court’s Ruling in Daubert:
A Cure for “Junk Science” or
A Threat to the Environment, Minority Rights and Health Care?
WHERE: The Spencer Partrich Auditorium
Wayne State University Law School
Detroit, Michigan
WHEN: September 13, 2002 - 9:00 a.m. - 5:00 p.m.
September 14, 2002 - 9:00 a.m. - 12:30 p.m.
SPONSORS: WSU Philosophy Dept., WSU Law Student Bd. of Gov, NewLawyerSeminars.com
SPEAKERS:
Philosophers
Dr. Susan Haack - University of Miami
Dr. Carl Cranor - University of California-Riverside
Dr. Bruce Russell - Wayne State University
Dr. Susan Vineberg - Wayne State University
Dr. Lawrence B. Lombard - Wayne State University
Judge
The Honorable Avern Cohn
U.S. District Court, Eastern District of Michigan
Legal Scholars
Professor Richard Lempert - National Science Foundation
- University of Michigan Law School
- University of Michigan Sociology Dept.
Professor Robert Sedler- Wayne State University Law School
Professor David Moran- Wayne State University Law School
Attorneys
Adele Rapport - EEOC - Detroit, MI
Gary Rogers - State Appellate Defenders Office - Detroit, MI
Cyril McIlhargie - Corboy, Demetrio - Chicago, IL
Lee Tilson - Sommers Schwartz - Southfield, MI
Carolyn Raffensperger - Science and Environ. Health Network - Ames, IA
Advocate
Lisa Salberg - Hypertrophic Cardiomyopathy Assn. - Rockaway, NJ
Elmer Cerano - Michigan Protection and Advocacy - Lansing, MI
Andrew Comai - United Auto Workers - Detroit, MI
For Information contact: Lee Tilson - (313) 550-7500 - [email protected]
Good or Junk Science: Can Courts Tell the Difference?
What is good science? Recent precedent requires Federal Judges to address this question daily. The answers affect our legal rights, workplace safety standards, the air we breathe, the water we drink, and the medical care our families receive.
In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the U.S. Supreme Court required judges to assess “scientific valid[ity]” of the “reasoning or methodology underlying [proposed scientific] testimony.” The opinion relies heavily on Hempel and Popper’s philosophies of science.
Supposed to keep “junk science” our of the courtroom, the ruling has been used to:
Abolish ergonomic rules established to prevent workplace injuries.
Bar testimony of vocational counselors in disability discrimination cases because they rely on unpublished data about available jobs.
Bar statistical analysis in some age and race discrimination cases.
Critics of the Daubert decision - which had its political origin in the Report of the Competitiveness Committee led by Dan Quayle and Ken Starr - contend that it:
Is unfair to injured plaintiffs and criminal defendants.
Corrupts scientific literature.
Serves neither justice nor truth.
On September 13 and 14, Wayne State University Law School hosts a groundbreaking conference of philosophers, legal scholars, judges, lawyers, and activists to address these issues.
For information contact: Lee Tilson - (313) 550-7500 - [email protected]
The conference is free and open to the public.
SCHEDULE - SEPTEMBER 13, 2002
9:00 a.m. Daubert’s Ancestors Cyril McIlhargie - Corboy, Demetrio
Chicago, IL
9:45 a.m. How Daubert is Being Used Lee Tilson - Sommers, Schwartz Southfield, MI
10:30 a.m. BREAK
10:45 a.m. Do we need Daubert? Other Safeguards of Fairness in the Legal System
The Honorable Avern Cohn
U.S. District Court Eastern Dist. of Michigan
11:15 a.m. Panel Discussion: The Philosophical Underpinnings of Daubert
Dr. Susan Haack - University of Miami Miami, FL Dr. Bruce Russell - WSU Philos. Dept. Detroit, MI
12:00 p.m. LUNCH
1:00 p.m. Is Daubert’s Reliance on Peer Reviewed Literature Misplaced? Lisa Salberg, Hypertrophic Cardiomyopathy AssociationRockaway, NJ
1:30 p.m. -
3:00 p.m. Inference to the Best Explanation and Toxic Torts Moderator: Dr. Lawrence B. Lombard WSU Philosophy Department
1:30 p.m. Scientific Evidence and the Daubert Decision Dr. Susan Vineberg - WSU Phil. Dept Detroit, MI
2:15 p.m. Risking Truth and Justice: Scientific Evidence Post Daubert
Dr. Carl Cranor - Phil. Dept., U of Cal Riverside, CA
3:00 p.m. BREAK
3:15 p.m. Does Daubert Infringe on the Seventh Amendment Right to a Trial by Jury?Professor Richard Lempert Nat’l Science Foundation - Arlington, VA University of Michigan - Ann Arbor, MI
3:45 p.m. Daubert and the Americans with Disabilities Act Adele Rapport - EEO Detroit, MI
4:15 p.m. Daubert and the Criminal Law Introduction: Professor David Moran WSU Law School - Detroit, MI Speech: Gary Rogers State Appellate Defenders Office Detroit, MI
SCHEDULE - SEPTEMBER 14, 2002
9:00 a.m. Daubert and The Precautionary Principle Carolyn Raffensperge Science and Environmental Health NetworkAmes, IA
9:45 a.m. Daubert Corrupts the Medical Literature: Fallacies that Asphyxiate Babies and Cause Cerebral Palsy
LeeTilson - Sommers SchwartzSouthfield, MICounterpoint from an Obstetrician (Invitations extended)
10:30 a.m. Does Daubert Cause Workplace Injuries?
Andrew Comai – UAW, Health & Safety Dept.Detroit, MI
11:15 a.m. Roundtable DiscussionRobert Sedler - WSU Law SchoolElmer Cerano - MI Protection and Advocacy
12:00 p.m. END