Convictions without truth: the incompatibility of science and law
In: Routledge frontiers of criminal justice
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In: Routledge frontiers of criminal justice
Front Cover -- Contents -- Preface -- Acknowledgments -- Editors -- Contributors -- Section I: Anatomy, Genetics, Neurology, Disease, and Evolution -- 1: The Anatomy of the Canine Nose -- 2: Wiring of the Olfactory System and the Functional Role of Neurons and Glia during Lifelong Turnover -- 3: Olfaction and the Canine Brain -- 4: Genetics of Canine Olfaction -- 5: Effects of Disease on Canine Olfaction -- 6: Olfaction in Wild Canids and Russian Canid Hybrids -- Section II: Chemistry and Aerodynamics of Odors
Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Foreword -- Preface -- Editors -- Contributors -- Section I: HISTORY OF DRIVING UNDER THE INFLUENCE -- 1: Driving Under the Influence of Psychoactive Substances: A Historical Review -- Section II: OTHER HISTORICAL EVENTS OF INTEREST -- 2: Professor Robert F. Borkenstein: An Appreciation of His Life and Work -- 3: Epidemiology of Alcohol-Related Accidents and the Grand Rapids Study -- 4: The Analysis of Ethanol in Blood and Breath for Legal Purposes: A Historical Review -- Section III: FORENSIC ISSUES INVOLVING ALCOHOL -- 5: Use of Punishable Limits of Blood- and Breath-Alcohol Concentration in Traffic-Law Enforcement: Some Advantages and Limitations -- 6: Common Legal Challenges, Responses, and Court Decisions in Forensic Breath- and Blood-Alcohol Analysis -- 7: Quality Assurance in Forensic Breath-Alcohol Analysis -- 8: Pharmacokinetics of Ethanol: A Primer for Forensic Practitioners -- 9: Biomarkers for the Identification of Alcohol Use/Misuse -- Section IV: USE OF NON-ALCOHOL DRUGS AND IMPAIRED DRIVING -- 10: Driving Under the Influence of Non-alcohol Drugs: Review of Earlier Studies -- 11: Driving Under the Influence of Non-alcohol Drugs: Experimental Studies -- 12: Driving Under the Influence of Non-alcohol Drugs: Epidemiological Studies -- 13: International Trends in Alcohol and Drug Use Among Motor Vehicle Drivers -- Section V: EPIDEMIOLOGY, ENFORCEMENT, AND COUNTERMEASURES -- 14: Alcohol Limits and Public Safety -- 15: Methodologies for Establishing the Relationship Between Alcohol/Drug Use and Driving Impairment: Differences Between Epidemiological, Experimental, and Real-Case Studies -- 16: Vehicle Safety Features Aimed at Preventing Alcohol-Related Crashes.
This book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.
Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare.
It is an article of faith in America that scientific advances will lead to wondrous progress in our daily lives. Americans proudly support scientific research that yields stunning breakthroughs and Nobel prizes. We relish the ensuing debate about the implications-moral, ethical, practical-of these advances. Will genetic engineering change our basic nature? Will artificial intelligence challenge our sense of human uniqueness? And yet the actual implementation of these technologies is often sluggish and much-delayed. From Star Trek to Jurassic Park, the American imagination has always been fasci
In: Cambridge studies in international and comparative law
Introduction : science and risk regulation in international law -- Global risk governance and its legitimacy -- Scientific rationality and risk in international law -- Competing risk regulatory paradigms : sound science and the precautionary principle -- Science and WTO regulation of SPS risk -- Case studies of science and risk regulation in international law -- Democratising global risk governance -- What role for science in international risk regulation?
Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations
In: Laws and Legislation
Intro -- THE LAW OF SCIENCE AND THE SCIENCE OF LAW CASES IN FORENSIC SCIENCE -- THE LAW OF SCIENCE AND THE SCIENCE OF LAW CASES IN FORENSIC SCIENCE -- CONTENTS -- PREFACE -- Chapter 1 EVIDENCE AND THE EXPERT WITNESS -- REFERENCES -- Suggested References and Readings -- WEB Relevant Sites -- Chapter 2 THE BREATH ANALYSIS FOR ALCOHOL AND PROBLEMS WITH ERROR -- THE SCIENCE -- THE LAW -- APPENDIX A. EFFECT OF TEMPERATURE ON THE ETHANOL LEVEL IN AIR AFTER PASSING THROUGH A STANDARD SOLUTION OF ETHANOL IN WATER -- APPENDIX B. SUPREME COURT OF CANADA [1979] 1 S.C.R. 261 -- REFERENCES -- ADDENDUM -- Appendix -- Chapter 3 THE POISON PILL -- THE SCIENCE -- THE LAW -- THE FACTS -- APPENDIX A. -- APPENDIX B. -- APPENDIX C. -- APPENDIX D -- REFERENCES -- Chapter 4 HOUSE FIRE #1 -- THE SCIENCE -- THE LAW -- APPENDIX A. THE GAS CHROMATOGRAPH -- APPENDIX B. THE MASS-SPECTROMETER -- APPENDIX C. -- APPENDIX D. -- APPENDIX E. -- APPENDIX F. -- Assumptions -- Calculations Procedure -- References -- APPENDIX G. -- APPENDIX H. -- REFERENCES -- Chapter 5 HOUSE FIRE # 2 -- THE SCIENCE -- THE LAW -- APPENDIX A. -- APPENDIX B. -- APPENDIX C. -- APPENDIX D. -- Proof Of Intentional Setting Of Fire -- Motive -- Exclusive Opportunity -- Credibility Of Insured -- Burden Of Proof -- Definition Of An "Insured" -- Breach Of Warranty -- Replacement Cost Endorsement -- Additional Living Expenses -- Storage Of Personal Property -- Mental Distress And Aggravated And/Or Punitive Damages -- Prejudgment Interest -- Judgment for plaintiff. -- Chapter 6 SLIP AND FALL -- THE SCIENCE -- THE LAW -- APPENDIX A. -- APPENDIX B. -- I. LIST OF AUTHORITIES -- II. FACTS -- III. STATEMENT OF ISSUES -- IV. PLAINTIFF'S POSITION ON THE ISSUES -- V. READINESS FOR TRIAL -- APPENDIX B1. -- JUDGMENT: -- FACTS: -- THE LAW: -- CONCLUSION: -- APPENDIX B2. -- JUDGMENT: -- APPENDIX B3. -- JUDGMENT
In: Laws and legislation
Evidence and the expert witness -- The breath analysis for alcohol and problems with error -- The poison pill -- House fire #1 -- House fire # 2 -- Slip and fall -- The phenol spill -- Thunderstorm flooding or hedge your bets -- Expert liability -- Summing up, conclusions and appraisals.
Intro -- Contents -- Leon Lipson and Stanton Wheeler / Introduction -- 1. Sally Falk Moore / Legal Systems of the World: An Introductory Guide to Classifications, Typological Interpretations, and Bibliographical Resources -- 2. Richard D. Schwartz / Law and Normative Order -- 3. Edmund W. Kitch / Law and the Economic Order -- 4. Marc Galanter / Adjudication, Litigation, and Related Phenomena -- 5. David R. Mayhew / Legislation -- 6. Jeffrey L. Jowell / Implementation and Enforcement of Law -- 7. Jack P. Gibbs / Punishment and Deterrence: Theory, Research, and Penal Policy -- 8. Richard L. Abel / Lawyers -- 9. Stewart Macaulay / Private Government -- 10. Austin D. Sarat / Access to Justice: Citizen Participation and the American Legal Order -- 11. Phoebe C. Ellsworth and Julius G. Getman / Social Science in Legal Decision-Making -- 12. Shari Seidman Diamond / Methods for the Empirical Study of Law -- Index of Names -- Index of Cases -- Index of Subjects
In: Law and the cognitive sciences
Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.