The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts’ longstanding acceptance of forensic science...
Commentary on The Need for a Research Culture in the Forensic Sciences
Asked to comment on a collective discussion paper by Jennifer L. Mnookin et al., this Commentary identifies difficulties the authors encountered in defining or agreeing on the subject matter “forensic science” and its perceived deficiencies. They conclude that there is a need for a research culture, whereas this Commentary calls for the development of a forensic science culture through the...
Commentary on The Need for a Research Culture in the Forensic Sciences
The National Academy of Sciences’ call for change in forensic sciences will not be successful until lawyers fairly bring these standards to the attention of the courts, and the judges, both district and appellate, rigorously enforce them.
Commentary on The Need for a Research Culture in the Forensic Sciences
A number of articles written over the past two years have addressed the need to strengthen forensic science, not only in the United States but internationally. Most have focused on the National Research Council of the National Academy of Sciences’ (NAS) February 2009 report entitled Strengthening Forensic Science in the United States: A Path Forward. In looking for solutions to problems we all...
What's Your Position? Amending the Bankruptcy Disclosure Rules to Keep Pace With Financial Innovation
This Comment addresses the threat posed to the bankruptcy process by creditors whose true economic incentives are not aligned with their disclosed claims. Under current bankruptcy law, these so-called “empty creditors” may actively participate in the debtor’s reorganization without ever disclosing their real economic interests. This Comment begins by exploring the extent to which empty creditors...
Defendant Class Actions and Patent Infringement Litigation
A crisis point is emerging at the nexus of patent law and economics. Patent rights are designed to serve as an incentive to invest in innovation. However, notoriously high litigation costs, a proliferation of invalid patents in the marketplace, and an inability to enforce low-value patents are threatening to inhibit the progress of science and the useful arts. This Comment argues that the...
Damages, Injunctions, and Climate Justice: A Reply to Jonathan Zasloff
This Essay responds to an article by Jonathan Zasloff previously published in the UCLA Law Review in which he suggests that plaintiffs filing nuisance actions to address climate change should seek damages rather than injunctive relief and calculate damages based on a carbon tax. This Essay argues that, because a carbon tax is an estimate of the global damages resulting from greenhouse gas...
Protecting Truth: An Argument for Juvenile Rights and a Return to In re Gault
In the 1967 case In re Gault, the U.S. Supreme Court revolutionized juvenile criminal proceedings by holding that children were constitutionally entitled to legal counsel and the privilege against self-incrimination. In contrast to Miranda v. Arizona, decided the previous year, the Court’s reasoning was not centered on preventing involuntary confessions. Instead, the Court was concerned that...