A couple of weeks ago, the Wall Street Journal ran an editorial that complained that FDA Commissioner Makary had touted dodgy evidence about the potential harms of talcum powder in food and medications,[1] and called an improper public meeting to discuss his concerns. The editorial noted the procedural irregularity of convening a meeting to
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The Relative Implausibility of Relative Plausibility
For the moment, in the American legal academy, there seems to be a fair amount of support for the idea that the burden of proof in fact-finding is centered around a vigorous contest between the plausibility of competing stories advanced by the litigants. Professors Ronald Allen and Alex Stein, two well-respected evidence law scholars have…
SCOTUS Embraces Totalitarian Version of Unitary Executive Doctrine
Earlier this year, President Felonious Trump fired Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), and Cathy A. Harris, the chair of the Federal Merit Systems Protection Board (MSPB). Wilcox sued, and the district court in the District of Columbia enjoined the President from removing her. Federal statutory law prohibits the president…
Judging Science Symposium
While waiting for the much delayed fourth edition of the Reference Manual on Scientific Evidence, you may want to take a look at a recent law review issue on expert witnesses issues. Back in November 2024, the Columbia Science & Technology Law Review held its symposium at the Columbia Law Review on “Judging Science.” The…
Can Lawyers Sink Lower Than Plagiarizing a Bot?
Several years ago, I submitted a brief, which I had written, in a New York case. When a co-defendant’s counsel filed the same brief, without acknowledging that it was plagiarised, I was annoyed. It seemed to me that such plagiarism clearly has professional and general ethical implications, especially if the plagiarists charged clients for writing…
Man Oh Mann, Has the Climate Changed
Michael Mann, formerly a climate scientist at Penn State University, is no stranger to controversy.[1] As an outspoken advocate for climate change, he has attracted close scrutiny and harsh criticism. Several right-of-center commentators criticized Mann’s work in potentially defamatory terms of “misconduct,” or “manipulation,” or data torturing. One blogger likened Mann’s conduct to Penn…
The Greatest Anti-Science President Ever
From an epistemological and psychological perspective, we would expect the most mendacious president to have the most tenuous relationship with science. President Trump never fails to disappoint when it comes to matters scientific.
Although Felonious Trump takes pride in his uncle who was a professor at the Massachusetts Institute of Technology, our 47th president has…
Artificial Intelligence May Be Worse Than None At All
Artificial intelligence poses some distinct dangers to lawyers as evidenced by the cockup of the lawfirm of Morgan & Morgan in submitting a brief with bogus citations. It is hard to imagine a more serious dereliction of professional duty than in submitting a brief with citations to cases that do not exist, and which no…
Hallucinations in Law and in Government
We now have a Secretary of Health and Human Services who has lost part of his brain to a worm and who has lied about pharmaceuticals and vaccines to advance his financial interests as a lawyer. Robert F. Kennedy, Jr. (Junior), says he will be open minded, which I suppose means that the worm can…
Debating a Computer about Genetic Causes of Mesothelioma – Part Two
In the 1968 movie, 2001: A Space Odyssey, Dave had an encounter with a willful computer, Hal. The prospect that a computer might act emotionally, even psychopathically, was chilling:
Dave Open the pod door, Hal.
Dave Open the pod bay doors please, Hal. Open the pod bay doors please, Hal. Hello, Hal, do you…