#10
Science and the Law
Tuesday 10:00 A.M. Winter 2012 (14 weeks)
Coordinator: Judy Kandel Co-Coordinator: Richard Weiner
Course Description
This SDG will explore how science has influenced the law and legal proceedings and how the law deals with issues related to science. We will look at some historically important cases and some recent cases within the areas of patent law, issues involving human health, education, food and product safety and environmental protections.
Whether or not you have studied science, it affects your life. The quality of the foods you eat, the air you breath and perhaps the way you will die reflect scientific endeavors and the application of laws relating to science. How we teach the next generation to understand science will impact how our planet will survive. When do science and law conflict? How do we resolve such issues?
Science and technological advances have provided new tools in the “search” for truth and the administration of justice. We will explore how science is used in evidence gathering, evaluating evidence, selecting and perhaps even manipulating juries as well as how it has influenced the death penalty debates and decisions.
Topics:
- Where do science and the law intersect and conflict? Patent law - Who gets the rights for scientific/technological discoveries? Can we patent life?
- Evolution and creationism/intelligent design – from Scopes to the classroom
- Governmental regulation of science research – stem cells; Tuskegee study – human subjects and informed consent
- Where individual rights and collective rights collide – allergies, smoking and vaccines
- When does life begin? Roe vs Wade; When does/can life end? Euthanasia and right to die
- Reproductive issues – Baby M
- The “pain” of executions – the death penalty and its administration
- Product safety and the FDA – use of animals in drug testing
- Environmental protections and the EPA
- Forensic science, technology and criminal trials
- Mental competence and the insanity defense
- Eyewitness and expert testimony – how reliable is eyewitness testimony? Who is an expert and what is acceptable science?
- The jury system and science - The “science” of jury selection? Who can judge scientific evidence?
- Entitlement to Healthcare - who, what kinds, allocation of resources; Experimental Drugs and Treatments, Restrictions, Obligations of Insurers to Pay
Bibliography
A Convergence of Science and Law: A Summary Report of the First Meeting of the Science,Technology, and Law Panel
Science, Technology, and Law Panel, National Research Council, 2001
Downloadable from: http://www.nap.edu/catalog/10174.html
For the Public's Health: Revitalizing Law and Policy to Meet New Challenges
Committee on Public Health Strategies to Improve Health; National Research Council, 2011 Downloadable from: http://www.nap.edu/catalog.php?record_id=13093
There are other books related to individual topics and court cases that are discussed online.
Pre-Meeting: Thursday, Dec. 15, 2011; 10 a.m. |