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evidence
Juries and scientific expertise
In the American system (and, perhaps to a lesser extent, in all countries following the Anglo-American legal approach), science and scientific evidence emerges and is interpreted through the actions of the parties involved. Expert witnesses testify for a particular side, and are employed by a particular side.
Causation, faith, and intelligent design
There is a philosophical thesis (attributed jointly to Pierre Duhem and Willard Quine) that, when simplified, explains how a given set of facts can produce more than one apparently true conclusion: essentially, different background assumptions lead to different conclusions. A related concept is known as underdetermination: that a given set of evidence can be explained by more than one–potentially conflicting–theory.
Some commonalities of pro- and anti-vaccination rhetoric
Within the context of the contemporary vaccination debate, neither side has a monopoly on a particular kind of argument.
Science and Protestantism: why is evolution a target?
Why is it that modern Protestant evangelicals and fundamentalists seem to struggle with accepting science today? Why does this struggle emerge especially around biology, particularly evolution? And why have many evangelicals turned to approaches like “Intelligent Design,” which instead of replacing science with religion, instead seeks to co-opt science within terms acceptable to Protestant evangelicalism?
EFF's warrantless wiretapping case dismissed
A federal judge has dismissed Jewel v. NSA, a case from the Electronic Frontier Foundation (EFF) on behalf of AT&T customers challenging the National Security Agency’s mass surveillance of millions of ordinary Americans’ phone calls and emails.
What's the proper basis for copyright law?
Sometimes I feel that I spend an inordinate amount of time attacking copyright, as if I wished to eliminate it. I do not. But I do feel the balance is off. But how should we find the proper balance? If … Continued
Secret evidence is incompatible with the rule of law
While the use of secret evidence may be acceptable initially (as part of an investigation or short-term detention while more evidence is gathered), the defense needs access to this evidence. Without it, any trial or legal process is simply unfair.
High Court Says No to Wiretapping, Yes to Exclusionary Rule
WSJ.com – High Court Says No to Wiretapping, Yes to Exclusionary Rule: Yesterday, the Supreme Court granted cert in a case that, commentators say, gives them an opporunity to carve out more exceptions to the “exclusionary rule,” a criminal procedure … Continued
Opinion: 10GB of e-mail could cost you $1M
Computerworld Opinion – 10GB of e-mail could cost you $1M: The growing number of e-discovery requests associated with the recently updated Federal Rules of Civil Procedure (FRCP) is forcing companies to look for ways to automate their e-discovery process (see … Continued
