Open Access. Powered by Scholars. Published by Universities.®

Science and Technology Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Science and Technology Law

Daubert's Backwash: Litigation-Generated Science, William L. Anderson, Barry M. Parsons, Drummond Rennie Jun 2001

Daubert's Backwash: Litigation-Generated Science, William L. Anderson, Barry M. Parsons, Drummond Rennie

University of Michigan Journal of Law Reform

In the 1993 landmark case Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court articulated its position on the admissibility of scientific evidence. The Court reasoned that federal judges should rely on the processes scientists use to identify unreliable research, including the process of peer review, to determine when scientific evidence should be inadmissible. In response, lawyers and their clients, seeking to rely on such evidence, have begun funding and publishing their own research with the primary intention of providing support to cases they are litigating. This Article examines the phenomenon of litigation-generated science, how it potentially undermines …


Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer Mar 2001

Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer

Faculty Publications

On April 3, 2000, U.S. District Judge Thomas Penfield Jackson declared that the Microsoft Corporation ("Microsoft") had maintained monopoly power in the personal computer operating system market by anticompetitive means, in violation of Section 2 of the Sherman Antitrust Act. A case of enormous significance, Microsoft raises difficult questions regarding how antitrust laws should be applied to information technology ("IT') companies. Specifically, many characteristics of what has come to be called the "New Economy" - and of the IT companies within it - suggest that traditional monopolization analysis may need modification. As the U.S. has moved toward an information- based …


El Documento Y La Firma Digital En El Derecho Argentino, Horacio M. Lynch Jan 2001

El Documento Y La Firma Digital En El Derecho Argentino, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.


Introduction, Toward More Reliable Jury Verdicts?: Law, Technology And Media Developments Since The Trials Of Dr. Sam Sheppard, Patricia J. Falk Jan 2001

Introduction, Toward More Reliable Jury Verdicts?: Law, Technology And Media Developments Since The Trials Of Dr. Sam Sheppard, Patricia J. Falk

Law Faculty Articles and Essays

As the Ohio Supreme Court noted almost one-half century ago, the Sheppard case had it all—“Murder, mystery, society, sex[,] and suspense were combined in this case in such a manner as to intrigue and captivate the public fancy to a degree perhaps unparalleled in recent annals.” But apart from the tantalizingly lurid details of the murder of Marilyn Sheppard and the curious way the case became a national cause celebre, the Sheppard case is of historical significance and academic interest because of the many important and ground-breaking aspects of the case. In actuality, there have been three (and perhaps four) …