The Foundation has just published the second volume of the
Atlantic Legal Foundation Science in the Courtroom Review
The first article in the new issue is Weisgram v. Marley Co.: Strengthened Powers and Duties in Gatekeeping Under Daubert,? by Paul S. Miller, Bert Rein and Bruce L. McDonald. The article deals with an important recent decision by the United States Supreme Court explicating the impact Daubert v. Merrell,Dow Pharmaceuticals and its progeny on the trial of cases in which expert testimony is a critical element of proof and the impact of the federal trial courts, or a Circuit Court of Appeals, dismissal of a case because of a ruling excluding expert testimony on Daubert grounds. Paul S. Miller is Executive Vice President and General Counsel of Pfizer Inc.; Bert W. Rein and Bruce L. McDonald are partners in the Washington, D.C. law firm Wiley, Rein & Fielding.
The second article, Junk Science in the States – The Battle Lines? is a survey of the acceptance and application of Daubert and its progeny in state courts, and provides an invaluable primer for practitioners. The author, Henry P. Sorett, is a member of Brickley, Sears & Sorett, P.A. He litigates product liability and insurance claims throughout the country, and has extensive personal experience in the use of expert testimony in many state and federal trial and appellate courts.
is devoted to bringing readers learned commentary of lawyers, scientists and scholars on issues concerning the interface of law and science, an area that is rapidly evolving, and, as Justice Stephen Breyer noted: As society becomes more dependent for its well-being upon scientifically complex technology, we find that this technology increasingly underlies legal issues of importance to all of us.? Stephen G. Breyer,
The Interdependence of Science and Law, Science 280:537 (April 24, 1998).